The Annex No. 5
Citations
- 117 F. 754
- 1902 U.S. Dist. LEXIS 99
Syllabus
<p>1. Collision—Sufficiency of Fog Bell—Anchored Scow.</p> <p>There is no statute nor harbor regulation fixing the size of the fog bell to be used on scows permanently anchored in New York Harbor, but the sufficiency of such bell is to be determined by the rule that reasonable care must be exercised in its selection, having reference to the locality and dangers to be encountered and the vessels to be warned. A bell seven inches in diameter and height, to be rung by hand, held insufficient on a scow stationed 850 feet off the piers in East river, in the track of steam vessels of all kinds.</p> <p>2. Same—Ferryboat and Anchored Scow—Fog.</p> <p>A scow anchored in East river for the purpose of making tunnel borings held in fault for a collision with a steam ferryboat in á fog, because of the insufficient ‘size of its bell, which could not be heard on the ferryboat until the latter stopped when close to the scow. The ferryboat also held in fault for improper navigation after discovering the position of the scow.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[Dukes] did not reject the Robinson court’s interpretation of Rule 23 23(c)(4)” and that “it is consistent with [Dukes] for the court, in an appropriate situation, to certify an ‘injunction class’ under Rule 23(b)(2) and a ‘damages class’ under Rule 23(b)(3)”
- “[I]t is consistent with Wal-Mart for the court, in an appropriate situation, to certify an ‘injunction class’ under Rule 23(b)(2) and a ‘damages class’ under Rule 23(b)(3).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas
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