Iberian Tankers Co. v. Gates Construction Corp.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

As appears from my previous opinion (369 F.Supp. 474) this is a mutual fault case not involving a collision. In other words, although the fault of both parties contributed to the accident, defendant was the only one against whom recovery could be had. In these circumstances I felt myself constrained by The Wright (2d Cir. 1940) 109 F.2d 699, 702 to grant pre-judgment interest despite my predisposition to do otherwise. 1 The Court of Appeals ruled that I had excessively limited the scope of my discretion, and remanded the matter for further…