Deep Sea Tankers v. The Long Branch, Docket 24439-42.

• Decision Date: 14 March 1957
• Docket Number: Docket 24439-42.
• Court: U.S. Court of Appeals — Second Circuit
• Parties: DEEP SEA TANKERS, Limited, in its own behalf, as owner of the S/T Rincon Hills, and as bailee of the cargo laden thereon, and Shell Oil Company, Incorporated, as charterer of said vessel, Libellants-Appellants, v. THE LONG BRANCH, the Railway Carfloats Nos. 61 and 56, Central Railroad Company of New Jersey, the steamtugs Ajax and Bjax, the sand barges A, B and C, and Metropolitan Sand & Gravel Corporation, Respondents-Appellees. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of The Long Branch for exoneration from or limitation of liability. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 56, for exoneration from or limitation of liability. Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 61, for exoneration from or limitation of liability. THE RINCON HILLS. THE AJAX. THE BJAX. THE A, B and C. THE CRR OF NJ NOS. 56 and 61.

242 F.2d 433 (1957)

DEEP SEA TANKERS, Limited, in its own behalf, as owner of the S/T Rincon Hills, and as bailee of the cargo laden thereon, and Shell Oil Company, Incorporated, as charterer of said vessel, Libellants-Appellants, v. THE LONG BRANCH, the Railway Carfloats Nos. 61 and 56, Central Railroad Company of New Jersey, the steamtugs Ajax and Bjax, the sand barges A, B and C, and Metropolitan Sand & Gravel Corporation, Respondents-Appellees.

Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of The Long Branch for exoneration from or limitation of liability.

Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 56, for exoneration from or limitation of liability.

Matter of the Petition of the CENTRAL RAILROAD COMPANY OF NEW JERSEY, as owner of the carfloat known and designated as THE CRR of NJ No. 61, for exoneration from or limitation of liability.

THE RINCON HILLS.

THE AJAX.

THE BJAX.

THE A, B and C.

THE CRR OF NJ NOS. 56 and 61.

Docket 24439-42.

United States Court of Appeals Second Circuit.

Motions Argued March 4, 1957.

Decided March 14, 1957.

Haight, Gardner, Poor & Havens, New York City, for libellants-appellants.

Macklin, Speer, Hanan & McKernan, New York City, for respondent-appellees.

Vincent E. McGowan, New York City (Gerald J. McKernan, New York City, of counsel), for Central R. Co. of New Jersey.

Before MEDINA and WATERMAN, Circuit Judges, and GALSTON, District Judge.

MEDINA, Circuit Judge.

These consolidated cases were tried before Judge Goddard March 11 to June 10, 1955, inclusive. At the conclusion of the trial it was ordered that briefs and all exhibits, together with the transcript of the testimony, be filed by October 3, 1955, oral arguments to be heard later. Judge Goddard died on August 26, 1955.

Thereafter certain holographic notes made by Judge Goddard during the trial, containing observations and comments relative to the demeanor and credibility of some of the witnesses and other matters, were discovered and placed in the file envelope in the Clerk's Office.

After some preliminaries it was finally stipulated by the parties that the consolidated cases be submitted to Judge Clancy for determination "on the record made at the trial."

The appendix to the brief for libellants-appellants herein includes photostatic copies of Judge Goddard's holographic notes and references thereto are made in the brief in...