Workman v. New York

Workman, the libellant below, was the owner, on June 11, 1893, of the British barkentine Linda Park. On the date named, while the vessed was moored to a dock at pier 48 in the East river in New York City, she was struck and injured by the steam fire-boat New Yorker. At the time of the collision the New Yorker was running into the slip between piers 48 and 49 for the purpose of getting near to another fire-boat which had shortly prior thereto safely entered the Both the fire-boats had been called in order to aid in extinguishing a fire in a warehouse situated a distance of 85 to 100 feet from the slip bulkhead. To recover the damage occasioned to his vessel, Workman filed, in the district court of the United States for the southern district of New York, a libel in personam against the mayor, aldermen, and commonalty of the city of New York. This libel was subsequently amended by adding the allegations essential to make, as additional respondents, the fire department of the city of New York and James A. Gallagher, the person in charge of the navigation of the New Yorker at the time of the collision.

The district court entered a decree in favor of the libellant against the city of New York and Gallagher, and dismissed the libel as to the fire department. 63 Fed. Rep. 298.

The circuit court of appeals, to which the case was taken, affirmed the decree of the district court against Gallagher and in favor of the fire department. The appellate court, however, reversed that portion of the decree of the district court which held the city of New York liable, and remanded the case with instructions to dismiss the libel as against the city. 14 C. C. A. 530, 35 U.S. App. 201, 67 Fed. Rep. 347.

The case was then brought to this court by the allowance of a writ of certiorari.

Messrs. Harrington Putnam and Charles C. Burlingham for petitioner.

Messrs. Theodore Connoly, Francis M. Scott, David J. Dean, James M. Ward, and John Whalen for respondents.

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court: