SINCLAIR REFINING COMPANY, AS CHARTERER IN POSSESSION OF THE P. W. THIRTLE AND AS ASSIGNEE OF BETHLEHEM STEEL COMPANY, LIBELLANT-APPELLEE-CROSS-APPELLANT,
v.
THE MORANIA DOLPHIN, DOLPHIN TRANSPORTATION CO. AND MORANIA OIL TANKER CORPORATION, CLAIMANTS-RESPONDENTS-APPELLANTS-CROSS-APPELLEES, AND THE DALZELLEADER AND EDNA M. MATTON, DALZELLEADER, INC., DALZELL TOWING COMPANY, INC., AND MATTON STEAMBOAT CO., INC., CLAIMANTS-RESPONDENTS-IMPLEADED
SINCLAIR REFINING COMPANY, AS CHARTERER IN POSSESSION OF THE P. W. THIRTLE AND AS ASSIGNEE OF BETHLEHEM STEEL COMPANY, LIBELLANT-APPELLEE-CROSS-APPELLANT,
THE MORANIA DOLPHIN, DOLPHIN TRANSPORTATION CO. AND MORANIA OIL TANKER CORPORATION, CLAIMANTS-RESPONDENTS-APPELLANTS-CROSS-APPELLEES, AND THE DALZELLEADER AND EDNA M. MATTON, DALZELLEADER, INC., DALZELL TOWING COMPANY, INC., AND MATTON STEAMBOAT CO., INC., CLAIMANTS-RESPONDENTS-IMPLEADED
272 F.2d 192
United States Court of Appeals for the Second Circuit (1959)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find it unnecessary to supplement what is said in Judge Weinfeld’s excellent opinion on the subject of the fault of the Thirtle. We affirm the decree against the Dolphin on the ground of her statutory fault in passing the Thirtle despite the fact that she received no response to her signal for permission to pass. We agree with Judge Weinfeld that the Dolphin has not sustained the heavy burden of proving that this statutory violation “could not have contributed to the occurrence.” The Pennsylvania, 1873, 86 U.S. 125, 136, 22 L.Ed. 148; Great Lakes Dredge & Dock Co. v. The Santiago, 2 Cir., 1946, 155 F. 2d 148, 150, note 7.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Esso Standard OIL Co. v. THE President Garfield & Am. President Lines, Ltd., 279 F.2d 540 (2d Cir. 1960)
Authorities Cited
- The Pa., 19 Wall. 125 (U.S. 1873)
- Great Lakes Dredge & Dock Co. v. THE Santiago, 155 F.2d 148 (2d Cir. 1946)