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THE SOCONY NO. 115

58 F.2d 392 (1932)

THE SOCONY NO. 115. THE SYOSSETT. STANDARD TRANSP. CO. v. LONG ISLAND R. CO.

District Court, S. D. New York.

February 11, 1932.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer, of New York City, of counsel), for libelant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (P. F. Shortridge, of New York City, of counsel), for claimant.

CAFFEY, District Judge.

The situation of the Syossett came about, without fault on her part, through an unlighted buoy being caught in her propeller. She was still, as I read the rules, a vessel under way. She was out of control, to be sure, but she was drifting or moving. Moreover, at the time of the collision, as I understand the proof, the Syossett had been incapacitated to the extent that she was for only some forty or fifty minutes. During that forty or fifty...

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