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UNITED STATES v. THE CATHERINE

No. 6732.

212 F.2d 89 (1954)

UNITED STATES v. THE CATHERINE.

United States Court of Appeals Fourth Circuit.

Decided April 5, 1954.

Attorney(s) appearing for the Case

Cornelius J. Peck, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., George Cochran Doub, U. S. Atty., Baltimore, Md., and Samuel D. Slade, Atty., Department of Justice, Washington, D. C., on the brief), for appellant.

Randall C. Coleman, Jr., Baltimore, Md. (Ober, Grimes & Stinson, Baltimore, Md., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in a suit instituted against the S. S. Catherine to recover a penalty for alleged violation of the Oil Pollution Act of 1924, 33 U.S.C.A. §§ 431-437. It was conceded on the part of the vessel that a few barrels of fuel oil did escape while she was lying at a pier and taking on fuel in Baltimore harbor, but she claimed that this was the result of unavoidable accident within the meaning of...

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