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Cornell Steamboat Co. v. Phoenix Construction Co., 233 U.S. 593 (1914)

Cornell Steamboat Company v.

Phoenix Construction Company

Nos. 933, 934, 935

Motion to dismiss or affirm submitted April 27, 1914

Decided May 11, 1914

233 U.S. 593


While the fact of negligence may, if abstractly considered, be a state question concerning which this Court would accept, and possibly might be bound by, the decision of the state court, when the negligence involves and concerns a subject of federal jurisdiction which it is its duty to decide, this Court must, to the extent necessary to enable it to discharge that duty, consider the subject independent of the action of the state court. Southern Pacific Co. v. Schuyler, 227 U. S. 601.

The fact that a vessel is anchored in a navigable river without the authority of the Secretary of War does not endow other vessels with a license to wrongfully injure it, nor does that fact relieve them from responsibility for colliding with the anchored vessel solely by their own negligence, not contributed to in any way by it.

210 N.Y. 113 affirmed.

The facts, which involve the jurisdiction of this Court to review judgments of the state court and also questions of negligence in colliding with vessels anchored in navigable waters, are stated in the opinion.

Page 233 U. S. 595

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