CIRCLE LINE SIGHTSEEING YACHTS v. CITY OF NEW YORK

Nos. 63-65, Dockets 26126-26128.

283 F.2d 811 (1960)

CIRCLE LINE SIGHTSEEING YACHTS, INC., Libelant-Appellee, v. CITY OF NEW YORK, Respondent-Appellant. Barbara A. SMITH, as Administratrix of the Estate of Valentine A. Smith, deceased, Libelant-Appellee, v. CITY OF NEW YORK, Respondent-Appellant. Petition of CIRCLE LINE SIGHTSEEING YACHTS, INC., as Owner of the motor vessel SIGHTSEER VIII, in a cause of exoneration from and limitation of liability for damages arising out of a collision in the Harlem River on September 6, 1956, between said vessel and the Madison Avenue Bridge.

United States Court of Appeals Second Circuit.

Decided November 9, 1960.


Attorney(s) appearing for the Case

Beatrice Shainswit, New York City (Charles H. Tenney, Corporation Counsel, City of New York, and Seymour B. Quel, New York City, on the brief), for respondent-appellant.

William A. Wilson, of Pyne, Smith & Wilson, New York City (Warner Pyne and Albert Robin, of Pyne, Smith & Wilson, New York City, on the brief), for libelants-appellees Circle Line Sightseeing Yachts, Inc., and Barbara A. Smith, Administratrix.

Before CLARK, MAGRUDER, and FRIENDLY, Circuit Judges.


CLARK, Circuit Judge.

Libelant Circle Line Sightseeing Yachts, Inc., owner of the sightseeing vessel Sightseer VIII, sued respondent City of New York in admiralty for damages resulting from a collision on September 6, 1956, between the vessel and the City's Madison Avenue Bridge, located at 138th Street across the Harlem River. Circle Line has also brought a limitation proceeding, in which claims were filed by a large number of passengers, and by the City for damage...

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