IN RE M/T ALVA CAPE

Nos. 30-31, Dockets 32256-32257.

405 F.2d 962 (1969)

In the Matter of the Petition of Alva Steamship Co., Ltd., owner of the M/T ALVA CAPE, for exoneration from or limitation of liability. ALVA STEAMSHIP CO., Ltd., Petitioner-Third-Party Plaintiff-Appellant, v. The CITY OF NEW YORK, Third-Party Defendant-Appellee, and Walter A. Kidde & Co., Inc., et al., Third-Party Defendants.

United States Court of Appeals Second Circuit.

Decided January 7, 1969.


Attorney(s) appearing for the Case

James M. Estabrook, New York City (Haight, Gardner, Poor & Havens, J. Ward O'Neill, MacDonald Deming, Charles S. Haight, Jr., and Stephen S. Gerard, New York City, on the brief), for petitioner-third-party plaintiff-appellant.

Irving Genn, New York City (J. Lee Rankin, Corp. Counsel, and Stanley Buchsbaum, New York City, on the brief), for third-party defendant-appellee.

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


LUMBARD, Chief Judge:

This appeal presents the question of whether the City of New York may be held liable in an admiralty suit for damages resulting from a shipboard explosion which occurred in the New York waters of New York Harbor during the execution by a salvor of a negligent order issued by the City's Fire Commissioner. The district court, applying state law in the absence of any conflicting admiralty rule, held that under Section 8 of the New York Court of...

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