Sullivan v. P. Sanford Ross, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Fred B. Sullivan against P. Sanford Ross, Incorporated. Decree for libelant, and respondent appeals.
1Opinion of the Court
HOUGH, Circuit Judge (after stating the facts as above).
[1] We agree, with the decision in Eastern Corporations v. Great Lakes, 256 Fed. 497, that the act of Congress above quoted is a criminal statute, and further that the duty of marking a wreck thereby imposed does not arise until the owner receives information that his vessel is sunk.
*350[2] We are also of opinion that the effect of any failure to observe the provisions of this statute raises a presumption of negligence, or, as the matter is sometimes put, a failure to do what the act requires is evidence of negligence; hut it is no more.…
2Cases cited2 opinions
- Eastern S. S. Corp. v. Great Lakes Dredge & Dock Co.Court of Appeals for the First Circuit · 1919
- The PlymouthCourt of Appeals for the Second Circuit · 1915
3Cited by12 opinions
- Chute v. United StatesCourt of Appeals for the First Circuit · 1979
- Reading Company v. Pope & Talbot, Inc.District Court, E.D. Pennsylvania · 1961
- Morania Barge No. 140, Inc. v. M. & J. Tracy, Inc.Court of Appeals for the Second Circuit · 1962
- The Snug HarborDistrict Court, E.D. New York · 1931
- In re the United StatesDistrict Court, D. Maryland · 1957
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