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· 11/29/1902

The Buenos Aires

Citations

  • 119 F. 493
  • 1902 U.S. Dist. LEXIS 279

Syllabus

<p>1. Collision—Vessels Lying at End of Pier—New York Statute.</p> <p>Under tbe New York statute making it unlawful for a vessel to lie at tbe end of a pier, where she is liable to be injured by vessels entering the adjacent slips, under penalty of being denied recovery for such an injury, the fact that a vessel is so lying does not preclude a recovery for an injury caused by another vessel which is not at the^ time entering or leaving an adjacent dock.</p> <p>-2. Same.</p> <p>In clearing a slip in East river for a steamship, tugs placed a barge and canal boat outside of three other boats at the end of the pier below. The steamship, which was lying 400 feet off the ends of the piers, headed up stream, having decided not to dock at that time, swung around to go down the river, and in doing so struck the boats at the end of the pier, causing their injury. -Held1, that the tugs were not chargeable with fault contributing to the injury, which was due solely to the fault of the steamship in negligently going about as she did, instead of moving ahead before turning.</p>

Judges: Thomas

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