COMPANIA MARITIMA S. L. v. MORAN TOWING & TRANSP. CO.

No. 243, Docket 22327.

197 F.2d 607 (1952)

COMPANIA MARITIMA SAMSOC LIMITADA, S. A. v. MORAN TOWING & TRANSP. CO., Inc., et al. UNITED STATES v. COMPANIA MARITIMA SAMSOC LIMITADA, S. A., et al. THE PRIMAVERA. THE JULIA C. MORAN. THE THOMAS E. MORAN. THE CHESAPEAKE. THE ORA ELLIS.

United States Court of Appeals Second Circuit.

Decided June 27, 1952.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City, Adrian J. O'Kane, New York City, of counsel, for Moran Towing & Transp. Co., Inc., and Tugs Julia C. Moran, Thomas E. Moran and Chesapeake.

Myles J. Lane, U. S. Atty., New York City, Leo J. Curren and Charles A. Blocher, New York City, for United States as respondent and cross-libellant, appellee

Herbert P. Reid, New York City, for Compania Maritima Samsoc Limitada, S. A.

Before SWAN, CHASE and CLARK, Circuit Judges.


CHASE, Circuit Judge.

These two appeals call for decision fixing the liability for damages caused by a collision in the Hudson River between the "dead" ship Primavera, owned by the appellee Compania Maritima Samsoc Limitada, hereafter called Compania, and the liberty ship Ora Ellis, owned by the United States. The collision occurred in clear weather at about 7:45 on the morning of April 15, 1946 when the tide was flooding at about 1.2 knots and there was a southerly...

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