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MASTER SHIPPING AGCY., INC. v. M. S. FARIDA

Nos. 368 and 402, Dockets 77-7392 and 77-7399.

571 F.2d 131 (1978)

MASTER SHIPPING AGENCY, INC., et al., Plaintiffs, v. M. S. FARIDA, her engines, boilers, etc. and Norton Line, Defendants, Third-Party Plaintiffs. STOCKHOLMS REDERI-AKTIELBOLAG SVEA, Defendant, Third-Party Plaintiff-Appellee, v. COURT CARPENTRY & MARINE CONTRACTORS CO., and International Terminal Operating Co., Defendants, Third-Party Defendants-Appellants and Appellees.

United States Court of Appeals, Second Circuit.

Decided February 28, 1978.

Attorney(s) appearing for the Case

M. E. DeOrchis, New York City (Chester D. Hooper, Haight, Gardner, Poor & Havens, and Alexander E. Rugani, Kirlin Campbell & Keating, New York City, of counsel), for defendant, third-party plaintiff-appellee, Stockholms Rederi-Aktielbolag Svea.

Robert H. Peterson, New York City (Eli Ellis, Peter J. McHugh, Hill, Betts & Nash, New York City, of counsel), for defendant, third-party defendant-appellant and appellee International Terminal Operating Co., Inc.

William Warner, New York City (Symmers, Fish & Warner, New York City, of counsel), for defendant, third-party defendant-appellant and appellee, Court Carpentry & Marine Contractors Co., Inc.

Before LUMBARD, WATERMAN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On February 19, 1969, the M. S. Farida sailed from New York for ports in South America with a cargo which included four heavy tractors. On February 21, the vessel's crew was forced to abandon ship because one of the tractors, weighing about 14.4 tons, had broken loose and punctured a large hole in the ship's hull below the water line. The crew did not learn what had brought the vessel to the verge of sinking until after it had been...

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