(DOWNLOAD) "American President Lines v. Towboat Seneca" by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free

eBook details

Title: American President Lines v. Towboat Seneca
Author : United States Court of Appeals for the Second Circuit
Release Date : January 19, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

IRVING R. KAUFMAN, Circuit Judge: The question before us is whether the Towboat Seneca (""Seneca"") was partially responsible for the collision of the SS President Grant (""President Grant"") with a buoy owned by the United States at the upriver junction of the Chesapeake and Delaware Canal (""Canal"") and the Delaware River. After a trial in admiralty, the District Court concluded that both vessels were to blame for the collision and, pursuant to the admiralty rule of divided damages, allowed American President Lines, Ltd., owner of the President Grant, to recover from the Seneca and her owner, James McWilliams Blue Line, Inc., one-half of the damages sustained by the President Grant as well as one-half of the damages and statutory penalty paid the United States.1 The President Grant accepts this decision but the Seneca appeals. Seneca claims that the President Grant was on a collision course with the buoy without relation to the presence of the Seneca and that it was physically impossible for the tug to have been a factor in the accident. We believe, however, that there is sufficient evidence in the record to support the conclusion of the trial judge and therefore affirm.