SHELL PETROLEUM COMPANY, LIMITED v. PESCHKEN

No. 13481.

290 F.2d 685 (1961)

SHELL PETROLEUM COMPANY, LIMITED, a corporation in its own behalf as Owner of the Motorship Lembulus v. Charles PESCHKEN, Appellant and Canolius V. Hines and Fred W. Bents.

United States Court of Appeals Third Circuit.

Decided May 23, 1961.


Attorney(s) appearing for the Case

Theodore I. Botter, Trenton, N. J. (David D. Furman, Atty. Gen., of New Jersey, Attorney for Respondent-Appellant, Alfred P. D'Auria, Elias Abelson, Dep. Attys. Gen., on the brief), for appellant.

Robert M. Julian, New York City (Francis E. P. McCarter, Newark, N. J., McCarter & English, Newark, N. J., on the brief), for appellee.

Before GOODRICH, STALEY and FORMAN, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from an interlocutory decree for the libellant in an admiralty case. The ship Lembulus, owned by The Shell Petroleum Co., Ltd., collided with a drawbridge known as the Lincoln Highway Bridge on December 20, 1957. At the time of the collision the bridge was in the process of opening. The respondent Peschken was the chief drawbridge operator of the bridge. Two other persons who were part of the bridge crew were sued in the...

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