(Download) "Bushey v. United States." by United States Court Of Appeals Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Bushey v. United States.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 11, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This appeal was taken by the government from a judgment in a suit against the United States brought under the provisions of the Tort Claims Act. 28 U.S.C.A. § 931 [now § 1346]. The plaintiff-appellee is the owner of what is known as Bushey Pier No. 7 on the northwesterly side of Gowanus Creek. The outer end of this pier was struck and damaged by the tanker A. C. Dodge, which for the purposes of this case is to be treated as owned and operated by the plaintiff, while the vessel was being maneuvered to an intended landing at the pier end. It was alleged that the Dodge struck the pier when it was vainly attempting to break a port sheer it took when its starboard bow was hit by the wash from the propeller of the governments ship, the S. S. El Mundo, which was undergoing a dock trial while moored at a pier on the easterly side of the Creek across from the Bushey pier. The court found that such wash did cause the accident; that it was engligently allowed to interfere with the navigation of the Dodge; and that the Dodge was not negligent. D.C., 78 F.Supp. 673.