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THE EDMOND J. MORAN, INC. v. THE HAROLD REINAUER

Nos. 217, 218, 219, Dockets 23271, 23272, 23273.

221 F.2d 306 (1955)

THE EDMOND J. MORAN, Inc., as owner of THE SHEILA MORAN, Libellant-Appellee, v. THE HAROLD REINAUER, her engines, etc., Reinauer Oil Transport, Inc., Claimant-Appellant. THE NANCY MORAN, Inc., as owner of THE NANCY MORAN, Libellant-Appellee, v. THE HAROLD REINAUER, her engines, etc., Reinauer Oil Transport, Inc., Claimant-Appellant. MORAN TRANSPORTATION CORPORATION, as owner of THE MORAN NO. 84, Libellant-Appellee, v. THE HAROLD REINAUER, her engines, etc., Reinauer Oil Transport, Inc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1955.

Attorney(s) appearing for the Case

Pyne, Lynch & Smith, New York City (Warner Pyne, New York City, and James A. Dilkes, Brooklyn, N. Y., of counsel), for claimant-appellant.

Burlingham, Hupper & Kennedy, New York City (A. Howard Neely, New York City, and Robert A. Feltner, New York City, of counsel), for libellant-appellees.

Before: CLARK, Chief Judge, FRANK, Circuit Judge, and GALSTON, District Judge.

GALSTON, District Judge.

The issues sought to be raised are solely fact questions concerning the existence of gasoline slick on the surface of water in a slip which caused a fire, claimant's responsibility therefor and libellants' contributory negligence. Judge Clancy in effect held that there was no proof of contributory negligence. Thus there are left the questions of the presence of the gasoline and of the claimant's liability with respect thereto.

The...

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