U.S. Circuit Court for the District of Southern New York, 1857

McFadden v. The Illinois

McFadden v. The Illinois
U.S. Circuit Court for the District of Southern New York · Decided September 19, 1857 · Nelson
16 F. Cas. 84
McFadden v. The Illinois

Opinion of the Court

NELSON, Circuit Justice.

We are inclined to agree with the court below that the proofs are as strong, if not stronger, that the injury to the tow happened through the neglect of the master of the barge in not attending to his helm in season, as to any improper management of the tug. We think there was nothing in that necessarily leading to the collision if the master of the tow had ported his helm in time. Decree of the court below affirmed.

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