Kosnac v. The Norcuba

Accepting the physical facts surrounding the accident as found by the trial judge, the launch Octyn was clearly at fault as the majority opinion states. But the Norcuba was also at fault, and on that point I am not in agreement with the majority opinion.

The Norcuba’s captain, as he boarded his ship shortly after 6 P.M. on April 1, 1953, warned the launches that were hovering near the ship to taxi crewmen ashore, that the ship was getting under way immediately. The Octyn remained alongside the Norcuba 175 to 200 feet forward of the ship’s stern, waiting for a particular fare. The other…