The Gladiator
Court of Appeals for the Second Circuit
Appeals from the District Court 'of the United States for the Southern District of New York; Learned Hand, Judge. Suit for collision by the New York, New Haven & Hartford Railroad Company, owner of steam tug Transfer No. 10, against the steam tug Gladiator, the River & Harbor Transportation Company, claimant; and cross-libel against the Transfer No. 10. Decree for respondent on the cross-libel, and libelant appeals.
1Opinion of the Court
PER CURTAM.
We concur in Judge Hand’s finding and conclusion that this was a head-on situation, where the Transfer initiated a stárboard to starboard course and kept on without assent to it, ■ and that the Gladiator, having kept her course, was free from fault.
It may be noted that, if the situation were as stated in appellant’s brief — i. e., the Transfer showing a starboard light only to both lights of the Gladiator — then the vessels would be on crossing courses, and the Gladiator the privileged vessel, in which case the conclusion reached as to fault would be the same. We do not think the…
2Cited by2 opinions
- The ManchionealCourt of Appeals for the Second Circuit · 1917
- Atlantic & Caribbean Steam Nav. Co. v. United StatesDistrict Court, S.D. New York · 1926