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135 F. 519

Docket Nos. 97, 98.

Booth v. Moran

Second Circuit Court of Appeals

Decided January 6, 1905.)

Second Circuit Court of Appeals · decided 1905-01-06

<p>Collision—Tow and Anchored Scow—Defective Steering Gear.</p> <p>A collision between the first of two tows on a long hawser and an anchored scow helé to have been due solely to the fault of the tow, whose steering gear had been out of order for some days, to the knowledge of the master and owners, by reason of which she failed 0to follow the tug, which had no knowledge of her defective condition, and was entitled to assume that she could be steered.</p> <p>[Ed. Note.—For cases in point, see vol. 10, Cent. Dig. Collision, §§ 73-81.]</p>

Cited by 1 later decisions — most recently November 1911

1 district ·

3 counsel of record

Relies on Booth v. Moran

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1905-01-06

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¶1Collision—Tow and Anchored Scow—Defective Steering Gear.

¶2A collision between the first of two tows on a long hawser and an anchored scow helé to have been due solely to the fault of the tow, whose steering gear had been out of order for some days, to the knowledge of the master and owners, by reason of which she failed 0to follow the tug, which had no knowledge of her defective condition, and was entitled to assume that she could be steered.

¶3[Ed. Note.—For cases in point, see vol. 10, Cent. Dig. Collision, §§ 73-81.]

¶4Appeals from the District Court of the United States for the Southern District of New York.

¶5Appeal from decree of District Court holding Barney dumper No. 3 solely in fault for a collision with an anchored scow. Reported below in 123 Fed. 172.

¶6*520Le Roy S. Gove, for appellants.

¶7Chas. C. Burlingham, for appellee Moran.

¶8W. S. Montgomery, for appellees Hughes et al.

¶9Before LACOMBE, TOWNSEND, and COXE, Circuit Judges.

¶10PER CURIAM.

¶11We concur fully with the District Judge. The proximate cause of the collision was the condition of dumper No. 3, which made it impossible to give her a port helm. The disrepair which produced this condition had existed several days, was known to master and owners, and had not been communicated to the tug which had her in tow, and which was entitled to assume she could be steered.

¶12The decree is affirmed, with interest and costs.

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