Nassau County Bridge Authority v. Tug Dorothy Mcallister

U.S. Court of Appeals for the Second Circuit April 18, 1963

Nassau County Bridge Authority v. Tug Dorothy Mcallister, 315 F.2d 631 (2d Cir. 1963)

Opinion

315 F.2d 631

NASSAU COUNTY BRIDGE AUTHORITY, as custodian and user of
Atlantic Beach Bridge, Libellant-Appellant,
v.
TUG DOROTHY McALLISTER and her owner McAllister Brothers,
Inc., Respondent-Appellee.

No. 247, Docket 27840.

United States Court of Appeals Second Circuit.

Argued March 6, 1963.
Decided April 18, 1963.

Eugene Underwood, of Burlingham, Underwood, Barron, Wright & White, New York City (Stanley R. Wright and E. Lisk Wyckoff, Jr., of Burlingham, Underwood, Barron, Wright & White, New York City, on the brief), for libellantt-appellant.

Vincent A. Catoggio, of Purdy, Lamb & Catoggio, New York City, for respondent-appellee.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District judge.

PER CURIAM.

Affirmed on the opinion of Judge Abruzzo in concluding that the damage was caused solely by failure of the bridge tender to give a timely danger signal. The applicable regulations, 33 C.F.R. 203.180(a), (b) and (d)(2)(i), can only be construed as requiring a prompt reply to the signal of an approaching vessel.

Reference

Full Case Name: Nassau County Bridge Authority, as Custodian and User of Atlantic Beach Bridge, Libellant-Appellant v. Tug Dorothy McAllister and Her Owner McAllister Brothers, Inc.
Status: Published