101 F.2d 902 (3rd Cir. 1939), 6783, Klingseisen v. Costanzo Transp. Co.

Docket Nº:6783.
Citation:101 F.2d 902
Case Date:February 06, 1939
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

Page 902

101 F.2d 902 (3rd Cir. 1939)




No. 6783.

United States Court of Appeals, Third Circuit.

February 6, 1939

John D. Ray, of Beaver Falls, Pa., for appellant.

George A. Blackford, of Wheeling, W. Va., and Zeno Fritz, of Pittsburgh, Pa., for appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

BIGGS, Circuit Judge.

This is an appeal from an order of the District Court in an admiralty proceeding entering a judgment against the libellant, Margaret Klingseisen, the widow of Alois Klingseisen, who was drowned in a collision between his motor boat and the steamer 'Costanzo' in the Ohio River between Rochester and Monaca, in Beaver County, Pennsylvania. The respondent-appellee, Costanzo Transportation Company, was operating the steamboat by its employees at the time of the collision.

The accident occurred at about two-thirty o'clock in the afternoon upon August 25, 1936. Some breeze was blowing. The weather, however, was good and there was no lack of visibility. The decedent had left the shore in the motor boat, which was of the outboard type, from a dock upon the Rochester side of the river and traveled from four to six hundred feet towards the center of the river where the motor stalled. After some difficulty the decedent succeeded in starting it again, proceeded up the river a short distance in the direction of Conway when the motor stopped a second time. In respect to the facts thus far presented the appellant and the appellee are in accord.

The appellant contends that after the motor of the decedent's boat had stopped the second time, the Costanzo left a coal tipple about thirteen hundred feet below the dock from whence the decedent had embarked and proceeded upstream at a speed between twelve and fifteen miles an hour to the point where the disabled motor boat was floating, that the Costanzo gave no signal or warning of its approach and did not slacken its speed until it was within such a short distance of the motor boat that it could neither stop nor turn away. After striking the motor boat, the Costanzo, according to the appellant, traveled upstream from one to four hundred feet. Klingseisen had disappeared beneath the water at the time of the collision but came to the surface behind the steamboat, sank again and was drowned.

The appellee for its part contends that the Costanzo proceeded from the...

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