Bassis v. Universal Line, S.A.

(dissenting) :

I respectfully dissent.

In my view the majority’s decision rewards the owner and creditors of a trespassing ship for the owner’s misconduct, which was permitted to continue with resulting benefit to the ship because the ship was in the district court’s custody. The effect is unjustly to enrich the shipowner and other creditors at the expense of the party wronged, in this case the City of New York. I believe the proper rule to be that where a ship in custodia, legis trespasses upon another’s wharf in order to gain resulting benefits, including protection from hurricanes, the…