The Sanday

Second Circuit

The Sanday

122 F.2d 325, 1941 U.S. App. LEXIS 2964, 1941 A.M.C. 1249

CourtCourt of Appeals for the Second Circuit

DecidedJuly 14, 1941

Docket365

StatusPublished

Cited by29 cases

This text of 122 F.2d 325 (The Sanday) 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.

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The Sanday, 122 F.2d 325, 1941 U.S. App. LEXIS 2964, 1941 A.M.C. 1249 (2d Cir. 1941).

Pincite

Opinion

PER CURIAM.

The collision occurred in the Oswego River section of the barge canal about 1,500 feet southerly from Walters Island. The southbound Michigan met the northbound tug Craig with a tow of six light barges, and in attempting a port to port passage collided with the last barge of the tow. Since the libellant was the owner of both barge and tug it was stipulated that any fault in the towing vessel should be visited upon the libellant as owner of the barge. The barge was tailing off to her port but the district judge excused her failure to be in line because the channel was winding and some swing of the tow was inevitable. The Michigan was held solely responsible because she had ample opportunity to avoid the collision had she reduced her speed as soon as her master saw the danger of the situation. The appellant urges that the tug’s admission that her tow tailed over onto the wrong side of a narrow channel is a confession of statutory fault which necessarily imposes liability. But the navigator of the Michigan saw the situation when the vessels were 1,800 feet apart; he said it looked bad when he sounded his one blast signal, but he did nothing to reduce his speed for “a minute or so after”. The trial judge found this delay crucial. We see no reason to doubt the finding or the legal conclusion of the Michigan’s responsibility under the last clear chance doctrine. See The Watuppa, 2 Cir., 120 F.2d 766, decided June 9, 1941. As to the tug’s failure to sound a bend signal it will suffice to say that this was immaterial, since the Michigan sighted her in time to have avoided the collision had she not tried to shave too close.

Decree affirmed.

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PER CURIAM.

The collision occurred in the Oswego River section of the barge canal about 1,500 feet southerly from Walters Island. The southbound Michigan met the northbound tug Craig with a tow of six light barges, and in attempting a port to port passage collided with the last barge of the tow. Since the libellant was the owner of both barge and tug it was stipulated that any fault in the towing vessel should be visited upon the libellant as owner of the barge. The barge was tailing off to her port but the district judge excused her failure to be in line because the channel was winding and some swing of the tow was inevitable. The Michigan was held solely responsible because she had ample opportunity to avoid the collision had she reduced her speed as soon as her master saw the danger of the situation. The appellant urges that the tug’s admission that her tow tailed over onto the wrong side of a narrow channel is a confession of statutory fault which necessarily imposes liability. But the navigator of the Michigan saw the situation when the vessels were 1,800 feet apart; he said it looked bad when he sounded his one blast signal, but he did nothing to reduce his speed for “a minute or so after”. The trial judge found this delay crucial. We see no reason to doubt the finding or the legal conclusion of the Michigan’s responsibility under the last clear chance doctrine. See The Watuppa, 2 Cir., 120 F.2d 766, decided June 9, 1941. As to the tug’s failure to sound a bend signal it will suffice to say that this was immaterial, since the Michigan sighted her in time to have avoided the collision had she not tried to shave too close.

Decree affirmed.

Petitions of the Kinsman Transit Company, as Owner and Operator of the Steamer MacGilvray Shiras, and of Midland Steamship Line, Inc., as Owner and Operator of the Steamer Michael K. Tewksbury, Their Engines, Etc., for Exoneration From or Limitation of Liability, City of Buffalo, Claimant-Respondent-Appellant, Kelley Island New York Corporation, Claimants-Appellees

338 F.2d 708 (Second Circuit, 1964)

In re Kinsman Transit Co.

338 F.2d 708 (Second Circuit, 1964)

In re Texaco, Inc.

210 F. Supp. 390 (S.D. New York, 1961)

Chemical Transporter, Inc. v. M. Turecamo, Inc.

290 F.2d 496 (Second Circuit, 1961)

Cenac Towing Company, Inc., Appellant-Appellee v. W. A. Richmond, Appellee-Appellant, W. A. Richmond v. Cenac Towing Company, Inc

265 F.2d 466 (Fifth Circuit, 1959)

Arundel Corp. v. City of Calcutta

172 F. Supp. 593 (E.D. New York, 1958)

Williamson v. the Tug Carolina

158 F. Supp. 417 (E.D. North Carolina, 1958)

Richmond v. The Tug Connie C. Cenac

157 F. Supp. 397 (E.D. Louisiana, 1957)

Crawford v. Indian Towing Company

240 F.2d 308 (Fifth Circuit, 1957)

Crawford v. Indian Towing Co.

240 F.2d 308 (Fifth Circuit, 1957)

Indian Towing Co. v. The M/V Suwannee

139 F. Supp. 547 (E.D. Louisiana, 1956)

J. S. Gissel & Company and Shell Oil Company v. Dixie Carriers, Inc., Offshore Oil Transport Company and the Ben B, American Barge Line Company

219 F.2d 233 (Fifth Circuit, 1955)

Pure Oil Co. v. The F. B. Walker

127 F. Supp. 867 (E.D. Louisiana, 1955)

In Re Adams'petition

125 F. Supp. 110 (S.D. New York, 1954)

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122 F.2d 325, 1941 U.S. App. LEXIS 2964, 1941 A.M.C. 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-sanday-ca2-1941.

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