Northern Transportation Co. v. Davis

HOUGH, Circuit Judge,

(after stating the facts as above). Maersk’s pleading ascribes collision to conditions not supported by evidence, and on the evidence produced on her own behalf the steamer is condemned. By pleading, the Maersk put Wyoming, when first seen, “abaft her beam” and “off her starboard quarter”; thus apparently invoking the overtaking rule. The proof wholly fails to justify, either the assertion or inference.

We find that Maersk, heavily laden, arrived at Quarantine about 8 a. m., intending to anchor on Red Hook flats. After passing through the gap in the Narrows net, the…