Legal Opinion

In re the Complaint of Seaboard Shipping Corp.

Court of Appeals for the Second Circuit

Decided September 29, 1971No. Nos. 924-925, Dockets 35819, 71-1017PublishedCited by 1 opinion

1Opinion of the Court

OAKES, Circuit Judge:

A barge owner (Seaboard) and a tug owner (Moran) are before the court on cross appeals, each blaming the other for the loss of the lives of two bargemen, whose survivors have already been compensated by settlement. The parties here reserved their rights against each other under the settlement.1 The court below held, 320 F.Supp. 229, in this exceptionally well-briefed case, that neither the negligence of the tug owner, Moran, the unseaworthiness of the barge, the negligence of Seaboard, nor the negligence of the bargemen had been established by a preponderance of the…

2Cases cited25 opinions

  1. The PennsylvaniaSupreme Court of the United States · 1874
  2. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  3. Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp.Supreme Court of the United States · 1952
  4. The OregonSupreme Court of the United States · 1895
  5. Italia Societa Rer Azioni Di Navigazione v. Oregon Stevedoring Co.Supreme Court of the United States · 1964

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3Cited by1 opinion

  1. In the Matter of the Complaint of Seaboard Shipping Corporation, as Owner of the Barge Oil Transfer 32, for Exoneration From or Limitation of Liability. Moran Inland Waterways Corporation and Moran Towing and Transportation Co., Inc., Claimants-Appellants. In the Matter of the Complaint of Moran Inland Waterways Corporation, as Owner, and Moran Towing & Transportation Co., Inc., as Chartered Owner of Tug Margot Moran, Plaintiffs-Cross for Exoneration From or Limitation of Liability. Seaboard Shipping Corporation, Claimant-CrossCourt of Appeals for the Second Circuit · 1971

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