Opinion

Sinclair Refining Co. v. The Morania Dolphin

272 F.2d 192 · Court of Appeals for the Second Circuit · Dec 11, 1959

Full text

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

Opinions in this case

Opinion
Majority

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.

S.D. New York · Sep 12, 1974

Clary Towing Co., Inc. v. Port Arthur Towing Co.

E.D. Texas · Nov 21, 1973

Moran Scow Corporation v. SS BOSTON

S.D. New York · May 2, 1972

Esso Standard Oil Company, as Owner of the Esso Barge No. 21, Libelant-Cross-Appellant v. The President Garfield and American President Lines, Ltd., Claimant-Respondent-Appellant. American President Lines, Ltd., Cross-Libelant-Appellant v. The Esso New Hampshire and Esso Barge No. 21 and Esso Barge No. 17, and Esso Standard Oil Company, Cross-Respondent-Cross-Appellant

Second Circuit · Jun 1, 1960

Esso Standard Oil Co. v. President Garfield

Second Circuit · Jun 1, 1960

Parentheticals

No parentheticals returned.