The Transfer No. 12

Citations

• 221 F. 409
• 137 C.C.A. 207
• 1915 U.S. App. LEXIS 1346

Syllabus

<p>1. Collision ©=¡>95—Steam Vessels—Mutual Faults.</p> <p>A collision at the point of Horn’s Hook, in East River, between two tugs with tows alongside, approaching along the shore from opposite directions, hold due to the faults of both vessels—the one passing down wiih the flood tide, having seen the steam of the other approaching, being in fault for not stopping in the bight of the Hook until they had passed; and the other for not hearing the bend signal of the down-bound boat.</p> <p>[Ed. Note.—For other cases, see Collision, Cent. Dig. §§ 200-202; Dec. Dig. ©=>95.</p> <p>Collision with or between towing vessels and vessels in tow, see note to The John Englis, 100 C. O. A. 581.]</p> <p>2. Admiralty ©=>21—Action for Wrongful Death—Seamen.</p> <p>Under Code Civ. Proc. N. Y. § 1902, which permits recovery for wrongful death in case defendant would have been liable to decedent for the injury if it had not resulted in. death, an action may be maintained in admiralty for the death of a seaman, through the negligence of the master, against the vessel or owners.</p> <p>TEd. Note.—For other cases, see Admiralty, Cent. Dig. §§ 218-220; Dec. Dig. ©=>21.1</p> <p>3. Admiralty ©=>51—Suit in Rem—Death of Libelant.</p> <p>A suit in.rom against a vessel for personal injuries sustained in a collision docs not abate by the death of the libelant; his right of action being in the nature of a maritime lien.</p> <p>[Ed. Note.—For other cases, see Admiralty, Cent. Dig. §§ 430-432; Dec, Dig. ©=>51.]</p> <p>4. Shirking ©¡¡=59—Master—Responsibility for Navigation.</p> <p>A vessel of the United States has but one master, who is the person named in her certificate of registry or enrollment</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 219-221; Dec. Dig. ©=>59.J</p> <p><£s?>For other casos see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>