Red Star Towing & Transportation Co. v. The Hudson

SWAN, Circuit Judge.

This litigation is the result of a collision between two light tugs which occurred in clear weather at 1:45 p. m. on January 21, 1948 at the intersection of the Bayonne Cut and the Greenville Channels in New York Harbor. The district court dismissed the libel on the ground that the libellant failed to sustain the burden of proving fault on the part of the Hudson, claimant’s tug. Judge Abruzzo’s opinion is reported in 115 F.Supp. 598. The appellant contends that the court erred in dismissing the libel and in not holding the Hudson solely at fault for violation of the…