P. Dougherty Co. v. United States. P. Dougherty Co. v. United States

BIGGS, Chief Judge (dissenting).

I regret that I cannot agree with the interpretation put upon the facts by the majority. It is indeed an extraordinary interpretation. Nor can I agree with the majority view as to the applicable principles of law.

I

The customary and indeed the only safe course of navigation for a vessel with a tow to enter the Harbor of Refuge at flood tide after passing Overfalls Lightship (because of the strong northerly set of the tide toward the Breakwater) was to hold very close to Cape Henlopen, leaving the obstruction buoys and sandbar very close to the port. A projected…