Legal Opinion

Skibs A/s Siljestad and the East Asiatic Co., Limited v. S.S. Mathew Luckenbach and Luckenbach Steamship Company, Inc.

Court of Appeals for the Second Circuit

Decided November 26, 1963No. 110, Docket 28234PublishedCited by 10 opinions

1Per curiam

This litigation results from a collision in dense fog between the M/V Francis-ville and the S.S. Mathew Luckenbach in Buzzards Bay, on July 29, 1959. The Francisville, bound east, admitted fault in failing to proceed at a moderate speed in fog. The Luckenbach sought exoneration but was found contributorily at fault and not entitled to the major-^iinor fault rule. Judge Murphy’s opinion states: “We are compelled to this finding because we are persuaded that her principal contentions are contrived; 1 her principal factual witnesses unworthy of belief; her records falsified, and her expert…

2Cases cited3 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. The WrightCourt of Appeals for the Second Circuit · 1940
  3. Lady Nelson, Ltd. v. Creole Petroleum Corp.Court of Appeals for the Second Circuit · 1961

3Cited by10 opinions

  1. In Re Pacific Far East Line, Inc.District Court, N.D. California · 1970
  2. Ore Carriers of Liberia, Inc. v. Navigen Co.District Court, S.D. New York · 1969
  3. Weathers Towing, Inc. v. M/v Herman PottCourt of Appeals for the Fifth Circuit · 1978
  4. Tempest v. United StatesDistrict Court, E.D. Virginia · 1967
  5. Holland-America Line v. M/V Johs. StoveDistrict Court, S.D. New York · 1968

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