United States v. The Catherine

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in a suit instituted against the S. S. Catherine to recover a penalty for alleged violation of the Oil Pollution Act of 1924, 33 U.S.C.A. §§ 431-437. It was conceded on the part of the vessel that a few barrels of fuel oil did escape-while she was lying at a pier and taking on fuel in Baltimore harbor, but she-claimed that this was the result of unavoidable accident within the meaning-of the -statute and that no penalty had been incurred. The trial judge so found ;. and the United States has appealed.

The facts are fully set…