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ALMIRANTE STEAMSHIP CORPORATION v. UNITED STATES

No. 323.

34 F.2d 123 (1929)

ALMIRANTE STEAMSHIP CORPORATION v. UNITED STATES. THE HISKO.

Circuit Court of Appeals, Second Circuit.

June 17, 1929.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (Horace M. Gray, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Cletus Keating, all of New York City, of counsel), for appellee.

Bigham, Englar, Jones & Houston, T. Catesby Jones, and W. J. Nunnally, Jr., all of New York City, for Underwood Typewriter Co. and other cargo owners, amici curiæ.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The Almirante was outward bound from New York to Havana, and was proceeding down the coast at a speed of about 12 knots an hour. She claims that her port and starboard side lights were burning; otherwise, she was dark. The tanker Hisko was proceeding up the coast from Philadelphia to New York at 10 knots an hour, and was running without any lights. Because of the possible presence of hostile submarines the Navy Department had authorized all vessels...

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