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OLSEN v. NEW YORK CENTRAL NO. 18

No. 298.

120 F.2d 287 (1941)

OLSEN v. NEW YORK CENTRAL NO. 18. THE HAZEL S.

Circuit Court of Appeals, Second Circuit.

June 2, 1941.

Attorney(s) appearing for the Case

E. Curtis Rouse, of New York City (Crowell & Rouse and George L. Varian, all of New York City, on the brief), for libelant-appellant.

Kenneth O. Mott-Smith, of New York City (Jacob Aronson, of New York City, on the brief), for claimant-appellee.

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

CLARK, Circuit Judge.

The collision which is the subject of this libel occurred on a clear afternoon in March, 1939, in Red Hook Channel in New York Harbor. That two vessels could not have reached an agreement as to passing under such conditions indicates serious faults of navigation somewhere. The Hazel S, a small diesel-powered fishing vessel of 27 gross and 17 net tons, was going down harbor against the tide and, according to appellee's story, supported by two...

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