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DET FORENEDE DAMPSKIBS-SELSKAB, A/S v. EXCALIBUR

No. 267, Docket 23062.

216 F.2d 84 (1954)

DET FORENEDE DAMPSKIBS-SELSKAB, A/S, as owner of the Motorship Colombia, and as bailee of her cargo, Libelant-Appellee, v. Steamship EXCALIBUR, her engines, boilers, etc., and against American Export Lines, Inc., owner and operator of said steamship, Respondent-Appellant. In the Matter of the Petition of DET FORENEDE DAMPSKIBS-SELSKAB A/S, for exoneration from or limitation of liability, Petitioner-Appellee, American Export Lines, Inc., Federal Insurance Company, et al., United States of America and Robert I. Dussell, Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 21, 1954.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, New York City, Proctors for Appellant, American Export Lines, Inc.; Kenneth Gardner, James M. Estabrook and Walter A. Darby, Jr., New York City, advocates.

Bigham, Englar, Jones & Houston, New York City, Proctors for Claimants-Appellants, Federal Insurance Company, et al.; Richard F. Shaw, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, Proctors for Appellee; Harold B. Finn and Elmer C. Maddy, advocates.

Before SWAN, MEDINA and HARLAN, Circuit Judges.

MEDINA, Circuit Judge.

The collision occurred on an ebb tide of two knots, June 27, 1950, in the early afternoon of a clear day, under ideal weather conditions, and without the presence of interfering traffic, on the easterly side of the Main Ship Channel leading from the Narrows to New York Harbor, a short distance northwest of the Bay Ridge Channel Junction Buoy.

The Colombia, a cargo vessel carrying a few passengers was inbound from Philadelphia, and the...

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