DEEP SEA TANKERS v. THE LONG BRANCH

Docket 24439-42.

242 F.2d 433 (1957)

DEEP SEA TANKERS, Limited, in its own behalf, as owner of the S/T Rincon Hills, and as bailee of the cargo laden thereon, and Shell Oil Company, Incorporated, as charterer of said vessel, Libellants-Appellants, v. THE LONG BRANCH, the Railway Carfloats Nos. 61 and 56, Central Railroad Company of New Jersey, the steamtugs Ajax and Bjax, the sand barges A, B and C, and Metropolitan Sand & Gravel Corporation, Respondents-Appellees. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of The Long Branch for exoneration from or limitation of liability. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 56, for exoneration from or limitation of liability. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 61, for exoneration from or limitation of liability. THE RINCON HILLS. THE AJAX. THE BJAX. THE A, B and C. THE CRR OF NJ NOS. 56 and 61.

United States Court of Appeals Second Circuit.

Decided March 14, 1957.


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for libellants-appellants.

Macklin, Speer, Hanan & McKernan, New York City, for respondent-appellees.

Vincent E. McGowan, New York City (Gerald J. McKernan, New York City, of counsel), for Central R. Co. of New Jersey.

Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge.


MEDINA, Circuit Judge.

These consolidated cases were tried before Judge Goddard March 11 to June 10, 1955, inclusive. At the conclusion of the trial it was ordered that briefs and all exhibits, together with the transcript of the testimony, be filed by October 3, 1955, oral arguments to be heard later. Judge Goddard died on August 26, 1955.

Thereafter certain holographic notes made by Judge Goddard during the trial, containing observations and comments relative...

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