U.S. Court of Appeals for the Second Circuit, 1957

Hess, Inc. v. The Arizona

U.S. Court of Appeals for the Second Circuit · Decided February 25, 1957

242 F.2d 706 (Federal Reporter, Second Series)

Counsel

Leonard J. Matteson, of Bigham, Englar, Jones & Houston, New York City (Charles A. Van Hagen, Jr., of Bigham, Englar, Jones & Houston, New York City, and Donald M. Waesche, Jr., New York City, on the brief), for libellant-appellant, Hess, Inc., George B. Warburton, of Hill, Riv-kins, Middleton, Louis & Warburton, New York City (Herbert P. Reid, New York City, on the brief), for respondentappellee Perseveranza Societa di Navigazione, owner of the Tanker Arizona., Adrian J. O’Kane, of Burlingham, Hupper & Kennedy, New York City (H. Barton Williams, New York City, on the brief), for respondents-appellees Moran Towing & Transportation Co., Inc., and Tugs Carol Moran and Sheila Moran.

Opinion of the Court

PER CURIAM.

We affirm on the reasoned findings of fact, conclusions of law, and opinion of Chief Judge Clancy, 149 F.Supp. 733, finding the pier-owner, Hess, Inc., solely responsible for the collision of a tanker with its pier because of its distribution of misleading charts, which failed to disclose shallow water near the pier and thus led to the grounding of the tanker on a shoal and resulting swing into the pier.

Affirmed.

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