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AFRAN TRANSPORT CO. v. THE BERGECHIEF

Nos. 86, 87, Dockets 26373, 26374.

285 F.2d 119 (1960)

AFRAN TRANSPORT CO., as owner of The S.S. Burgan, etc., Libelant-Appellant, v. THE Motor Tanker BERGECHIEF, A/S Sneffon, Claimant-Appellee. A/S SNEFFON, as owner of The Motor Tanker Bergechief, Cross-Libelant-Appellee, v. THE S.S. BURGAN and Afran Transport Co., Cross-Claimant-Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided December 28, 1960.

Attorney(s) appearing for the Case

Stanley R. Wright, of Burlingham, Hupper & Kennedy, New York City (H. Barton Williams and John S. Rogers, of Burlingham, Hupper & Kennedy, New York City, on the brief), for Afran Transport Co., appellant.

MacDonald Deming, of Haight, Gardner, Poor & Havens, New York City (Richard G. Ashworth and Terence J. Creighton, of Haight, Gardner, Poor & Havens, New York City, on the brief), for A/S Sneffon, appellee.

Before CLARK, WATERMAN, and FRIENDLY, Circuit Judges.

PER CURIAM.

Libelant and claimant's vessels were involved in a collision which has been adjudicated as one of mutual fault requiring the division of damages, although the fault of the libelant's vessel was gross and that of claimant's vessel less clear. Afran Transport Co. v. The Bergechief, D.C.S.D.N.Y., 170 F.Supp. 893, affirmed 2 Cir., 274 F.2d 469. Libelant's vessel sustained the greater damage...

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