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ALBATROSS TANKER CORPORATION v. S.S. AMOCO DELAWARE

Nos. 508, 509, Docket Nos. 33035, 33036.

415 F.2d 692 (1969)

ALBATROSS TANKER CORPORATION, as Owner of Steamship ERNA ELIZABETH, Libelant-Appellee, v. S.S. AMOCO DELAWARE and American Oil Company, Respondents-Appellants. AMERICAN OIL COMPANY, as Owner of the S.S. AMOCO DELAWARE, Libelant-Appellant, v. S.S. ERNA ELIZABETH, her engines, etc., and Albatross Tanker Corporation, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided September 17, 1969.

Attorney(s) appearing for the Case

John F. Gerity, New York City (Kirlin, Campbell & Keating, Richard H. Brown, Jr., and J. G. Schulmeisters, New York City, on the brief), for appellant.

Eugene Underwood, New York City (Burlingham, Underwood, Wright, White & Lord, Kenneth H. Volk, and Frank L. Wiswall, Jr., New York City, on the brief), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

MOORE, Circuit Judge:

This is a case where two ships collided on a clear night as they were rounding the northern tip of Staten Island. The Court below found that the ships, traveling in opposing directions and proceeding on courses which plotted concentric arcs, would have passed successfully star-board-to-starboard if the S.S. Amoco Delaware (Amoco), owned by appellant American Oil Company (American), had not suddenly swerved sharply to star-board...

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