A. & S. Transportation Co. v. United States
Opinion of the Court
As the seagoing, self-propelled, hopper dredge “Essayons,” owned by appellant United States, proceeded in a westerly direction in Sandy Hook Channel at about 9:00 P. M. on November 21, 1958, she came into collision with the fully loaded barge “Dykes,” in tow of the tug “Cynthia Moran,” going in the opposite direction in the channel. Witnesses testified that there was ample room for the usual port-to-port passing but that the dredge suddenly swerved to port and hit the tow; and the trial judge so found. Improbable as this may seem, stranger things have happened. The vessels were fully aware of their own and each other’s positions, all lights were burning brightly and the strong ebb tide would hardly seem to have been a factor, except perhaps after the sheer to port was well started. In any event, it is clear to us that the absence of lookouts could not possibly have contributed to the collision, and it is not surprising that the subject is not even referred- to in the opinion of the trial judge. The matters pressed upon our attention fall in the same category as Dykes’ Exhibit 4, a graph of
Affirmed.
Reference
- Full Case Name
- A. & S. TRANSPORTATION CO., as owner of the barge Dykes, Libelant-Appellee v. UNITED STATES of America, as owner of the DREDGE ESSAYONS v. TUG CYNTHIA MORAN and Moran Towing & Transportation Co., Inc., Respondent-Impleaded-Appellee UNITED STATES of America, as owner of the dredge Essayons, Libelant-Appellant v. The BARGE DYKES, A. & S. Transportation Co., the TUG CYNTHIA MORAN and Moran Towing & Transportation Co., Inc.
- Cited By
- 1 case
- Status
- Published