Standard-Vacuum Transp. Co. v. City of New York

Second Circuit

Standard-Vacuum Transp. Co. v. City of New York

78 F.2d 536, 1935 U.S. App. LEXIS 3785, 1935 A.M.C. 972

CourtCourt of Appeals for the Second Circuit

DecidedJune 17, 1935

DocketNos. 451, 452

StatusPublished

Cited by9 cases

This text of 78 F.2d 536 (Standard-Vacuum Transp. Co. v. City of New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Standard-Vacuum Transp. Co. v. City of New York, 78 F.2d 536, 1935 U.S. App. LEXIS 3785, 1935 A.M.C. 972 (2d Cir. 1935).

Pincite

Opinion

PER CURIAM.

We agree with the court below that the collision between the barge and ferryboat was due (a) to the failure of the ferryboat to keep clear and (2) to the absence of a light on the bow of the barge. The steamtug was also properly held for failure to provide for a light on the barge. The Sif, 266 F. 166 (C. C. A. 2). Since the libel was filed in rem against both barge and tug, the fault is viewed as that of the vessels themselves, as separate offenders. The Eugene F. Moran v. New York Cent. & H. R. R. Co., 212 U. S. 466, 29 S. Ct. 339, 53 L. Ed. 600. As the three vessels were at fault, and the barge and tug were the property of libelant, Standard-Vacuum Transportation Co., only one-third of its damages can be recovered. The Eugene F. Moran v. New York Cent. & H. R. R. Co., supra; The Kookaburra, 69 F.(2d) 71 (C. C. A. 2). The city is entitled to recover two-thirds of its damages; one-third against the barge, and one-third against the tug.

Decree modified.

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PER CURIAM.

We agree with the court below that the collision between the barge and ferryboat was due (a) to the failure of the ferryboat to keep clear and (2) to the absence of a light on the bow of the barge. The steamtug was also properly held for failure to provide for a light on the barge. The Sif, 266 F. 166 (C. C. A. 2). Since the libel was filed in rem against both barge and tug, the fault is viewed as that of the vessels themselves, as separate offenders. The Eugene F. Moran v. New York Cent. & H. R. R. Co., 212 U. S. 466, 29 S. Ct. 339, 53 L. Ed. 600. As the three vessels were at fault, and the barge and tug were the property of libelant, Standard-Vacuum Transportation Co., only one-third of its damages can be recovered. The Eugene F. Moran v. New York Cent. & H. R. R. Co., supra; The Kookaburra, 69 F.(2d) 71 (C. C. A. 2). The city is entitled to recover two-thirds of its damages; one-third against the barge, and one-third against the tug.

Decree modified.

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Bluebook (online)

78 F.2d 536, 1935 U.S. App. LEXIS 3785, 1935 A.M.C. 972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standard-vacuum-transp-co-v-city-of-new-york-ca2-1935.

Opinion

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