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AMERICAN PRESIDENT LINES, LTD. v. TOWBOAT SENECA

Nos. 57-58, Dockets 31247, 31248.

384 F.2d 511 (1967)

AMERICAN PRESIDENT LINES, LTD., as owner of SS PRESIDENT GRANT, Plaintiff-Appellee, v. TOWBOAT SENECA, her engines, etc., and James McWilliams Blue Line, Inc., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. SS PRESIDENT GRANT, her engines, etc., and American President Lines, Ltd., Defendants-Petitioners-Appellees, and Towboat Seneca, her engines, etc., and James McWilliams Blue Line, Inc., Impleaded-Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 19, 1967.

Attorney(s) appearing for the Case

Timothy A. Hanan, New York City, (Macklin, Hanan & McKernan, New York City, of counsel), for appellants.

William Warner, New York City, (Symmers, Fish & Warner, New York City, of counsel), for appellees.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The question before us is whether the Towboat Seneca ("Seneca") was partially responsible for the collision of the SS President Grant ("President Grant") with a buoy owned by the United States at the upriver junction of the Chesapeake and Delaware Canal ("Canal") and the Delaware River. After a trial in admiralty, the District Court concluded that both vessels were to blame for the collision and, pursuant to the admiralty rule of...

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