The Joseph Peene

Citations

• 130 F. 489
• 1904 U.S. Dist. LEXIS 267

Syllabus

<p>1. Towage in Hudson River — Floating Ice — -Negligence of Tug.</p> <p>A tug started from Jersey City up the Hudson to Yonkers, in the night, with libelant’s canal boat and another tow belonging to the owner of the tug. Encountering floating ice, the master of the canal boat requested to be left, but the tug proceeded with her to Yonkers, where she was cast loose, and permitted to drift up the river with the flood tide for half a mile, while the other tow was being taken care of. She was then brought back against the tide, and through the ice. They stopped at a wharf on the way, and the master again requested to be left there, but the tug proceeded to the wharf where she was to be delivered, where it was found that her planks were cut through by the ice, so that she soon filled. Held, that the tug failed to exercise the degree of reasonable diligence and care imposed on her by the circumstances, and especially after having continued the voyage against the master’s protest, and was liable for the injury.</p>