Britain S. S. Co. v. J. B. King Transp. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding the tug Gypsum King solely in fault for a collision between barge No. 19, in tow of the Gypsum King, on a hawser, and the S. S. Woodford.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court, Southern District of New York, holding the tug Gypsum King solely in fault for a collision between barge No. 19, in tow of the Gypsum King, on a hawser, and the S. S. Woodford. The collision occurred on the anchorage off Clifton, Staten Island, from which the tug was taking the barge, and where the steamer was anchoring. At the time of the collision, a fog which had theretofore prevailed had begun to lighten up, and both vessels took…
1Per curiam
The controlling question in the case is whether or not the steamer was substantially in motion. The district judge found that, although probably still forging ahead very slightly, and drifting up a little with the flood tide, she was almost, if not quite, at a standstill, preparing to anchor, and not under way. He heard some of the important witnesses, and there is no evidence presented sufficient to warrant a reversal of that finding. The witnesses for the steamer testify that she was not in motion. The respondent’s witnesses testified that when they first saw her she was apparently at…
2Cited by7 opinions
- Sun Oil Company v. SS GEORGELDistrict Court, S.D. New York · 1965
- The RuthCourt of Appeals for the Ninth Circuit · 1911
- Marine Fuel Transfer Corp. v. The RuthCourt of Appeals for the Second Circuit · 1956
- The Mary P. RiehlDistrict Court, D. Maryland · 1917
- Standard Oil Co. of New Jersey v. United StatesDistrict Court, S.D. New York · 1950
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