Legal Opinion · Dissent

Hellenic Lines, Ltd. v. The Exmouth

Court of Appeals for the Second Circuit

Decided January 15, 1958No. 26, Docket 24518Published

1DissentClark, Chief Judge

Admittedly the Exmouth was navigated negligently. But admittedly, also, the Hellenic’s navigators made no attempt to slow down or otherwise avoid the accident until it was too late. Perhaps the circumstances excused them, but quite ■clearly there was a question for the trial ■court whether or not the Hellenic’s crew was negligent in failing sooner to take a course of action to avoid the collision. In retrospect it is apparent that when the ships were half a mile apart they were on a crossing course. This fact should have occurred to the crew of the Hellenic, for at this distance the green…

2Cases cited7 opinions

  1. Hecht, Levis & Kahn, Inc., Libellant-Appellant v. The S. S. President Buchanan, Her Engines, Etc., and American President Lines, Ltd.Court of Appeals for the Second Circuit · 1956
  2. Grace M. Matteson, as Surviving of the Last Will and Testament of Edward M. Markham v. United StatesCourt of Appeals for the Second Circuit · 1956
  3. Little v. Blue Goose Motor Coach Co.Illinois Supreme Court · 1931
  4. The F. & M. Schaefer Brewing Co. v. United StatesCourt of Appeals for the Second Circuit · 1956
  5. Joseph Repan v. American President Lines, Ltd.Court of Appeals for the Second Circuit · 1957

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