SKIBS A/S SILJESTAD v. S.S. MATHEW LUCKENBACH

No. 110, Docket 28234.

324 F.2d 563 (1963)

SKIBS A/S SILJESTAD and The East Asiatic Co., Limited, Appellees, v. S.S. MATHEW LUCKENBACH and Luckenbach Steamship Company, Inc., Appellant.

United States Court of Appeals Second Circuit.

Decided November 26, 1963.


Attorney(s) appearing for the Case

Burlingham, Underwood, Barron, Wright & White, New York City, for appellant; Eugene Underwood and Kenneth H. Volk, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for appellee Siljestad; Charles S. Haight, Gordon W. Paulsen and Richard G. Ashworth, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for East Asiatic Co., Ltd., et al.; Leonard J. Matteson and Julian S. Gravely, Jr., New York City, of counsel.

Before SWAN, CLARK and MARSHALL, Circuit Judges.


PER CURIAM.

This litigation results from a collision in dense fog between the M/V Francisville and the S.S. Mathew Luckenbach in Buzzards Bay, on July 29, 1959. The Francisville, bound east, admitted fault in failing to proceed at a moderate speed in fog. The Luckenbach sought exoneration but was found contributorily at fault and not entitled to the major-minor fault rule. Judge Murphy's opinion states: "We are compelled to this finding because we are persuaded that...

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