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A. H. BULL STEAMSHIP COMPANY v. THE EXANTHIA

Nos. 308, 309, Dockets 23783, 23784.

234 F.2d 650 (1956)

A. H. BULL STEAMSHIP COMPANY, owner of THE ELIZABETH, Libelant and Cross-Respondent, v. THE EXANTHIA and its owner, American Export Lines, Inc., Respondent and Cross-Libelant.

United States Court of Appeals Second Circuit.

Decided June 15, 1956.

Attorney(s) appearing for the Case

A. V. Cherbonnier, New York City (Satterlee, Brown & Cherbonnier, New York City, and Edward R. Downing and William P. Hepburn, New York City, on the brief), for libelant and cross-respondent.

James M. Estabrook, New York City (Haight, Gardner, Poor & Havens, Kenneth Gardner, and Walter A. Darby, Jr., New York City, on the brief), for respondent and cross-libelant.

Bigham, Englar, Jones & Houston, New York City (Richard F. Shaw and Donald M. Waesche, Jr., New York City, of counsel), for intervening cargo petitioners.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

CLARK, Chief Judge.

This is an appeal and cross-appeal from an interlocutory decree of the district court in admiralty finding both the steamship Elizabeth and the steamship Exanthia at fault in a collision between the two vessels occurring in Delaware Bay, February 16, 1951. The accident took place at 2:05½ a. m. on a clear night with good visibility at a point in a northwesterly direction from Miah Maull Lighthouse.

A few minutes before the collision...

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