The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 22
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(Circuit Court of Appeals, Second Circuit. January 15, 1919.)
Nos. 149, 150.
COLIaSION :15-g EVIEW-FIN)INGS-CONFLIcTING EVIDENCE.
Finding that the C. was at fault in a collision with the F. will be
adopted on appeal; the testimony from the contending vessels being
hopelessly conflicting, apparently disinterested evidence favoring the F.,
and the wrongdoing under explanation given by the C. being far more com-
plicated and unusual than under the explanation of the F.
Appeal from the District Court of the United States for the South-
ern District of New York.
Two'libels in admiralty, one by the Norwich & New York Propeller
Company against the ferryboat Florida, her engines, etc., claimed by
the Interborough-Twenty-Third Street Ferry Company; the other by
the Interborough-Twenty-Third Street Ferry Company, Incorporated,
against the steamer Chelsea, her engines, etc.,'claimed by the Norwich
& New York Propeller Company. From adverse decrees, the Nor-
wich & New York Propeller Company appeals. Affirmed.
Park & Mattison, of New York City (Samuel Park, of New York
City, of counsel), for appellant.
James T. Kilbreth, of New York City, for appellee.
Before WARD, ROGERS, and HOUGH, Circuit Judges.
PER CURIAM. No questions of law are raised by this appeal, and
the correctness of the finding below depends on one question of fact.
Suit grew out of a collision in daylight and under no extraordinary
conditions of tide and wind, between the side wheel ferryboat Flori-
da and the propeller Chelsea; the former bound across the East Riv-
er from 'Manhattan to Brooklyn, and the latter from her pier in Man-
hattan to New London, Conn. As the Florida left her slip, she had, of
course, on her starboard bow much of the usual east-bound traffic of
the river, but especially the tug Gillen and her tow, the Chelsea, and the
propeller Bunker Hill, in the order given, with the Gillen nearest the
Of these vessels all of whom had the right of way over the Florida,
the Bunker Hill was nearest Brooklyn and proceeding much faster
than the others, while the Gillen was slowest of all, and before any
suggestion of danger was plainly changing course to go over to Brook-
lyn. The Chelsea was rapidly overhauling the Gillen.
In this situation, the Bunker Hill, after an exchange of single whis-
tles, crossed the Florida's bow, while the Florida crossed that of the
Gillen. At or about this moment, and when by all the evidence there
was room to make the maneuver safely "the Florida (to quote from
Chelsea's libel) gave a signal of two whistles, which were promptly
answered by the Chelsea with two whistles, and the Chelsea's wheel
glFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/36/: accessed May 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.