New York & B. Transp. Co. v. Phil. & S. Nav. Co.,, 63 U.S. 461 (1859)
U.S. Supreme CourtNew York & B. Transp. Co. v. Phil. & S. Nav. Co., , 63 U.S. 461 (1859)
9 How. 461
New York and Baltimore Transportation Company v.
Philadelphia and Savannah Steam Navigation Company
63 U.S. (19 How.) 461
In a collision which took place in the River Delaware, between a steamship and a barge which was in tow of a propeller, the latter was in fault.
The lookout was not properly stationed, being in a place where his view was obstructed, and the propeller violated the rule which requires steamers approaching each other from opposite directions to port their helms, and pass each other on the larboard side.
A propeller with a barge in tow is not within the rule which applies to sailing vessels, and which requires steamships to keep out of their way.
Propellers have nearly the same speed as sidewheel steamers, and quite as much power, and must be subject to the same rules of navigation.
This was a case of collision between the steamship Keystone State and a barge called the A. Groves, Jr., which took place on the River Delaware, whereby the barge was sunk in the river, and her cargo greatly damaged.
The facts of the case are fully stated in the opinion of the Court.
The libel was filed by the New York & Baltimore Transportation Company against the owners of the Keystone State. The district court dismissed the libel, and the circuit court, upon appeal, affirmed the decree. The libellants then appealed to this Court.