THE PAUL DANA v. SOCONY VACUUM OIL CO., INC.

No. 99, Docket 20779.

165 F.2d 78 (1947)

THE PAUL DANA v. SOCONY VACUUM OIL CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 26, 1947.


Attorney(s) appearing for the Case

Christopher E. Heckman and Foley & Martin, all of New York City (Louis J. Lawrence, of New York City, of counsel), for libellant, appellant.

John W. Knox, of New York City for claimant.

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


PER CURIAM.

There was testimony to sustain the findings of Inch, J., that the "Paul Dana" was moving at too fast a speed at the moment of collision. She had come diagonally from the buoy to the end of the dredge and was obliged to make a substantial turn to starboard. That of itself does not indeed condemn her; but with the tide under foot the manoeuvre demanded entire control over her speed; and either she was moving too fast to avoid the "Socony," or she did not...

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