[DOWNLOAD] "New York Marine No. 10 . C. F. Coughlin" by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: New York Marine No. 10 . C. F. Coughlin
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 13, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This litigation is the outgrowth of a collision on the Barge Canal near Tonawanda, N.Y., on September 11, 1937, between a barge in the tow of the tug New York Marine No. 10 and a barge in the tow of the tug C. F. Coughlin. The district judge in an admirably clear opinion found the tug No. 10 solely at fault. We are asked by one appellant, McNall, to charge both tugs with fault. The other appellants, owner and charterer of No. 10, assert that the sole fault lies with the Coughlin. These contentions raise only questions of fact which the district judge resolved in favor of the Coughlin, with ample evidence in the record to support his findings. It would serve no useful purpose to restate the evidence in detail. The appellants argue that the Coughlin violated section 179 of the New York Canal Law which requires a westbound tow approaching "any place in a canal less than thirty feet wide upon the surface, or which will not safely permit its passing another float approaching the same place" to stop and wait for the eastbound tow to pass at a place of safety. As Judge Coxe found, the passing was not at the bend but in the straightaway stretch east of it. The Coughlins bow was 50 or 60 feet east of red light No. 339.2 and this light was a considerable distance east of the bend - one witness said a quarter of a mile. There was sufficient room in the straightaway for passage, had not the head barge in No. 10s tow taken a sheer after making the bend. If the statute applied to the bend despite the width of the canal at that point, there was no breach of the statutory duty by the Coughlin.