OIL TRANSFER CORPORATION v. Atlantic Tankers, Ltd.
| Decision Date | 03 January 1962 |
| Docket Number | No. 106,Docket 27090.,106 |
| Citation | 297 F.2d 367 |
| Parties | OIL TRANSFER CORPORATION, as owner of the M/V Otco Bayway, Libelant-Appellant, v. ATLANTIC TANKERS, LTD., as owner of the Atlantic Prince, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Macklin, Speer, Hanan & McKernan, New York City (John C. Hart, New York City, of counsel), for libelant-appellant.
Foley & Martin, New York City (John H. Hanrahan, Jr., New York City, of counsel), for respondent-appellee.
Before WATERMAN, SMITH and MARSHALL, Circuit Judges.
The two tankers involved in this litigation collided in the Kill van Kull, one of the busier waterways in the New York Harbor area, at about 4:45 A.M. on January 6, 1959. It was a cold night with the temperature at about 10° above zero, Fahrenheit.
The Otco Bayway was adrift broadside in the ship-channel. She was ice-encrusted, the ice in some places being as much as two feet thick. Her anchors were frozen forward, her capstans and windlasses, the deck claw holding the anchor chain and the hawser pipe were all ice-encrusted. It was planned that she would dock at Constable Hook, but, preparatory to docking, it was discovered that her engines could not be stopped when the bridge signalled such an order. She avoided hitting the dock, swung back into the channel, and thereafter her Chief Engineer disconnected her fuel lines. She was neither at anchor, nor with power, at the time of the collision.
The Atlantic Prince was under way, escorted by two tugs, at a speed of 5 or 6 knots an hour when about a mile and a half from the Otco Bayway.
The versions of what followed that led up to the collision were, as stated by the trial judge, 194 F.Supp. 920, 923, dissimilar. Suffice it for now to say that libelant-appellant maintains on appeal — and that respondent-appellee maintains on appeal "that the sole cause of the collision was the gross negligence of the Otco Bayway and her general apathy at and prior to the collision."
The trial judge made detailed findings of fact and extracted therefrom his conclusion that the negligence of both vessels equally contributed to the collision. These findings and conclusions are contained in his written opinion, reported at 194 F.Supp. 920. We...
To continue reading
Request your trial
-
Guidry v. LeBeouf Bros. Towing Co., Inc., Civ. A. No. 72-1220
...Sea-Rambler, 294 F.Supp. 228 (E.D.Va. 1968); Oil Transfer Corp. v. Atlantic Tankers, Ltd., 194 F.Supp. 920 (S.D.N. Y.1960) aff'd. 297 F.2d 367 (2nd Cir. 1962). Next, the Court will examine the conduct of the M/V BUCCANNEER. The Court has found that the air horn on the M/V BUCCANNEER was ino......
-
Arkansas River Co. v. CSX Transp.
...S.A., 477 F.Supp. 45 (E.D.La.1979) (citing Oil Transfer Corp. v. Atlantic Tankers, Ltd., 194 F.Supp. 920 (S.D.N.Y.1960), aff'd, 297 F.2d 367 (2nd Cir.1962)). The Court finds that the failure of the starboard engine was an inevitable accident which would rebut the CONCLUSION The fender syste......
-
Zeller Marine Equipment, Inc. v. SS Chemical Transporter
...statutes would not have avoided the accident. Oil Transfer Corp. v. Atlantic Tankers, Ltd., 194 F.Supp. 920 (S.D.N.Y.1961), aff'd 297 F.2d 367 (2d Cir.1962). She has not only failed to do that with respect to some of the violations, but we find that compliance with the statute may well have......
-
Williams-McWilliams Industries, Inc. v. F & S BOAT CORPORATION, 8018.
...7 The Mormacmoon, 55 F.Supp. 636 (D. C.Mass.-1944); Oil Transfer Corp. v. Atlantic Tankers, Ltd., 194 F.Supp. 920 (SD NY-1961); aff'd 2 Cir., 297 F.2d 367. 8 Barrois Bros. v. Lake Tankers Corp., 188 F.Supp. 300 (ED ...