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CITIES SERVICE OIL COMPANY v. THE S.S. SEA WIND

Nos. 191, 192, Dockets 24062, 24063.

242 F.2d 368 (1957)

CITIES SERVICE OIL COMPANY, as chartered owner and owner pro hac vice of THE S.S. WINTER HILL, Libellant-Appellant, v. THE S.S. SEA WIND, her engines, boilers, etc., Respondent-Appellee. SEATRADERS, Inc., as owner of The S.S. Sea Wind, Cross-Libellant-Appellee, v. CITIES SERVICE OIL COMPANY, as chartered owner and owner pro hac vice of The S.S. Winter Hill, Cross-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 19, 1957.

Attorney(s) appearing for the Case

Hill, Betts & Nash, New York City (Eli Ellis, New York City, of counsel), for libellant-appellant and cross-respondent-appellant.

Dow & Stonebridge, New York City (William A. Wilson, New York City, of counsel), for respondent-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and SMITH, District Judge.

MEDINA, Circuit Judge.

As darkness closed in at 6:52 P.M. on February 4, 1952, two vessels scraped past one another in a collision a few hundred yards north of the intersection of the Bellevue Range and the Marcus Hook Range, in the narrow channel approach to Wilmington, Delaware. The Winter Hill was held solely to blame and we agree.

The Sea Wind, a Liberty ship "fully laden with a cargo of iron ore," with a deep draft close to 28 feet, inbound from sea,...

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