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COMMONWEALTH & DOMINION LINE v. UNITED STATES

No. 300.

20 F.2d 729 (1927)

COMMONWEALTH & DOMINION LINE, Limited, v. UNITED STATES. UNITED STATES v. COMMONWEALTH & DOMINION LINE, Limited.

Circuit Court of Appeals, Second Circuit.

July 19, 1927.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., and Charles E. Wythe, Sp. Asst. U. S. Atty., both of New York City, for the Proteus.

Lord, Day & Lord, Allan B. A. Bradley, and George De Forest Lord, all of New York City, for the Port Phillip.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The Port Phillip had been in motion for at least 15 minutes before the collision, during all of which time she was or ought to have been plainly visible to the Proteus. The suggestion that the cluster of anchored ships in which she moved prevented this is quite without merit. True, her movement was slow, but even a slowly moving ship may be detected among others at anchor, indeed more readily than when...

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