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The C. H. Northam

The C. H. Northam, 5 F. Cas. 645 (1875)
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Court
U.S. Circuit Court for the District of Eastern New York · Historical Federal Courts
Decided
February 9, 1875
Judges
Woodruff
Citations
5 F. Cas. 64513 Blatchf. 311875 U.S. App. LEXIS 1289
Cited by 2
Headnotes
Case No. 2,690. Negligent Navigation* — Damages fkom Swell. 1. A tug, with five boats in tow behind her, in two tiers, three in the first tier, and two in the second tier, was passing up the narrow part of a harbor, when a side-wheel steamboat, going in the same direction, went by the tug and her tow. In doing so, her suction dragged back the boats in the second tier, so as to break some of their lines, and then the swell she created drove them against the sterns of the boats in the first tier, so that the middle boat in the first tier was damaged: Held, If the steamboat desired to pass at the speed she had maintained up to the time she created the swell, she ought to have passed at a greater distance.' 2. If the width of the channel was such that she could not pass at a greater distance, she should have reduced her speed in due season- to prevent so heavy a swell. [Cited in The Massachusetts, Case No. 9,-25S; Andus v. The Saratoga, 1 Fed. 733; The Minnie, 20 Fed. 541; The Rhode Island, 24 Fed. 295.]
Summary
This was an appeal from a decree of the district court [for the eastern district of New Tork], in admiralty, in a case of collision. The opinion of the district court — Benedict, J. — was as follows: [See Case No. 2,6S9J 3

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Woodruff

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WOODRUFF, Circuit Judge.

I am of opinion that the evidence in this case shows very clearly the want of proper care on the part of those controlling the navigation of the C. H. Northam, and that the tug and her tow were without fault. The steamboat was, of course, at liberty, to pass the tow. If she would pass at the speed she had maintained to the time when she created the swell that *646 caused tlie injury, slie should have passed at a greater distance. If the width of the channel was such that she could not pass at a greater distance, she should have reduced her speed in due season to prevent so heavy a swell. I think the proof fully sustains the views stated in the opinion of the district judge. Let a decree be entered for the libel-lant, with costs.

How later courts describe this case

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Cited by 2 cases

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1880–1881: 11884–1885: 118802026peak 1880 · 1

Relies on it most ⓘ

  1. The Rhode Island24 F. 295 (S.D.N.Y. 1885)
  2. Andus v. The Steamboat Saratoga1 F. 730 (S.D.N.Y. 1880)

Most recent

  1. The Rhode Island24 F. 295 (S.D.N.Y. 1885)
  2. Andus v. The Steamboat Saratoga1 F. 730 (S.D.N.Y. 1880)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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