188 F. 46 | 2d Cir. | 1911
(after stating the facts as above). The claimant appellee operates a ferry from the foot of Whitehall street, Manhattan, to the foot of Thirty-Ninth street, Brooklyn, and owns the strain ferryboat Nassau, which is used in the ferry service. Fare is charged those using the ferryboats, the rate varying with the use made —so much for a foot passenger, so much for vehicles of specified kinds and sizes, different rates being charged for loaded and for empty vehicles, and varying also with the number of horses drawing such vehicles. There are also specified rates for automobiles, for led horses or cattle, etc. On March 6, 1909, while on one of her daily trips with 25 passengers aboard, the Nassau carrier a truck, with driver, which contained 10 barrels of refined petroleum which would not ignite at a temperature of 110 degrees Fahrenheit.
The single question presented is whether this was a violation of the section quoted.
The evidence does not show that there was, in the language of the statute, “no other practicable mode of transporting” the ten barrels of refined petroleum. Manifestly the truck carrying them could have been driven over one of the bridges to Brooklyn, or they could have been transported by some vessel not carrying passengers. Such modes of transportation would merely have been more inconvenient and expensive.
Since, however, we do not concur in his conclusion that Congress did not intend to compel ferryboats to adopt the precautions with relation to the carriage of gasoline, petroleum, etc.,, which they required of other steam vessels carrying passengers, the judgment is reversed, and cause remanded, with instructions to decree in conformity with the views expressed in this opinion.