United States v. United States Lines Co. The William J. Riddle. The American Farmer

Second Circuit

United States v. United States Lines Co. The William J. Riddle. The American Farmer

200 F.2d 608, 1952 U.S. App. LEXIS 2342

CourtCourt of Appeals for the Second Circuit

DecidedDecember 19, 1952

Docket95, Docket 22482

StatusPublished

Cited by8 cases

This text of 200 F.2d 608 (United States v. United States Lines Co. The William J. Riddle. The American Farmer) 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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United States v. United States Lines Co. The William J. Riddle. The American Farmer, 200 F.2d 608, 1952 U.S. App. LEXIS 2342 (2d Cir. 1952).

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Opinion

PER CURIAM.

This appeal raises solely questions of fact. The appellant contends that when the vessels sighted each other their headings were such as to call for a starboard to starboard passing. The court discredited the witnesses of the appellant and believed those of the appellee who said the lights were red to red. We cannot say the trial court’s findings of fact on this issue are clearly erroneous. His opinion is reported in The William J. Riddle, 102 F.Supp. 884. It discusses all of the contentions now renewed on the appeal. Nothing is to be gained by a repetition of the discussion. The only possible doubt is whether the American Farmer’s statutory fault in failing to signal when she turned five degrees to her right is enough to fasten contributory fault upon her. Judge Kaufman found that it could not have contributed to the collision. We think he was right. See National Bulk Carriers v. *609 United States, 2 Cir., 183 F.2d 405, 409, certiorari denied Burns S. S. Co. v. National Bulk Carries, 340 U.S. 865, 71 S.Ct. 89, 95 L.Ed. 681. The decree is affirmed on the opinion below.

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PER CURIAM.

This appeal raises solely questions of fact. The appellant contends that when the vessels sighted each other their headings were such as to call for a starboard to starboard passing. The court discredited the witnesses of the appellant and believed those of the appellee who said the lights were red to red. We cannot say the trial court’s findings of fact on this issue are clearly erroneous. His opinion is reported in The William J. Riddle, 102 F.Supp. 884. It discusses all of the contentions now renewed on the appeal. Nothing is to be gained by a repetition of the discussion. The only possible doubt is whether the American Farmer’s statutory fault in failing to signal when she turned five degrees to her right is enough to fasten contributory fault upon her. Judge Kaufman found that it could not have contributed to the collision. We think he was right. See National Bulk Carriers v. *609 United States, 2 Cir., 183 F.2d 405, 409, certiorari denied Burns S. S. Co. v. National Bulk Carries, 340 U.S. 865, 71 S.Ct. 89, 95 L.Ed. 681. The decree is affirmed on the opinion below.

Dwyer Oil Transport Co., Inc., as Owner of the Tank Barge Dwyer, No. 104, Libelant-Appellant v. The Tug Edna M. Matton, Matton Steamboat Co., Inc., Claimant-Appellant, and the Tug Corporal, Tug Corporal Corporation, Claimant-Appellee. B. No. 80 Corporation, as Owner of the Barge B. No. 80, Libelant-Appellant v. The Tug Edna M. Matton, Matton Steamboat Co., Inc., Claimant-Appellant, and Tug Corporal, Tug Corporal Corporation, Claimant-Appellee

255 F.2d 380 (Second Circuit, 1958)

Dwyer Oil Transport Co. v. The Tug Edna M. Matton

255 F.2d 380 (Second Circuit, 1958)

Davis v. The U. S. Oil Screw Dewey

137 F. Supp. 557 (E.D. North Carolina, 1956)

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200 F.2d 608, 1952 U.S. App. LEXIS 2342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-united-states-lines-co-the-william-j-riddle-the-ca2-1952.

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