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THE HYGRADE NO. 12 v. THE TALISMAN

No. 130.

153 F.2d 52 (1946)

THE HYGRADE NO. 12, Inc., v. THE TALISMAN. THE TALISMAN. THE CENTRAL.

Circuit Court of Appeals, Second Circuit.

January 4, 1946.

Attorney(s) appearing for the Case

Foley & Martin, of New York City, (Christopher E. Heckman, of New York City, of counsel), for libellant-appellee Tanker Hygrade No. 12, Inc.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for appellant Long Island R. Co. and the Talisman.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for appellee Red Star Towing & Transp. Co.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The one blast signal which the Central blew to the Talisman when these vessels were approaching each other green to green was in violation of Article 18, Rule I of the Inland Rules, 33 U.S.C.A. § 203. These vessels were not then meeting head and head, being from one hundred feet to perhaps more than twice that to the starboard of each other, and the statute called for a two blast signal followed by a starboard to starboard passing. Construction...

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