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PETITION OF KINSMAN TRANSIT COMPANY

No. 132, Docket 30857.

388 F.2d 821 (1968)

Petitions of the KINSMAN TRANSIT COMPANY, as Owner and Operator of the STEAMER MacGILVRAY SHIRAS, and of the Midland Steamship Lines, Inc., as Owner and Operator of the STEAMER MICHAEL K. TEWKSBURY, their engines, etc., for Exoneration from or Limitation of Liability, and Consolidated Cases. CARGILL, INCORPORATED and Cargo Carriers, Inc., Claimants-Appellants, v. CITY OF BUFFALO, Respondent-Appellee, Continental Grain Company, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 18, 1968.

Attorney(s) appearing for the Case

David C. Diefendorf, Buffalo, N. Y. (Raichle, Moore, Banning & Weiss, Buffalo, N. Y., of counsel), for claimants-appellants.

Edward J. Desmond, Buffalo, N. Y. (Anthony Manguso, Corp. Counsel, City of Buffalo, Desmond & Drury, Anthony Manguso, John E. Drury, Jr., Buffalo, N. Y., of counsel), for respondent-appellee, City of Buffalo.

Roy P. Ohlin, Buffalo, N. Y. (David S. Jackson, Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., Mendes & Mount, New York City, of counsel), for respondent-appellee, Continental Grain Co.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The difficult question presented by this appeal is whether certain expenses incurred by claimant-appellants Cargill, Inc. (Cargill) and Cargo Carriers, Inc. (Cargo Carriers), as a result of an unusual concatenation of events on the Buffalo River during the night of January 21, 1959, are recoverable as a matter of law.

The misadventures leading to the catastrophe on the river that fateful evening were set forth when this litigation...

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