Standard-Vacuum Transp. Co. v. City of New York

Full title: THE SOCONY NO. 123. THE ELMHURST. THE SOCONY NO. 21. STANDARD-VACUUM…

Court: Circuit Court of Appeals, Second Circuit

Date published: Jun 17, 1935

78 F.2d 536 (2d Cir. 1935)

Opinion

Nos. 451, 452.

June 17, 1935.

Appeal from the District Court of the United States for the Southern District of New York.

Suit in admiralty by Standard-Vacuum Transportation Company, owner of the Barge Socony No. 123, against the City of New York to recover damages due to a collision of the Barge Socony No. 123, in tow of the steam tug Socony No. 21, with the city ferryboat Elmhurst, and suit in admiralty by the City of New York, owner of the ferryboat Elmhurst, against Steamtug the Socony No. 21 and Barge Socony No. 123, Standard-Vacuum Transportation Company, claimant, to recover damages due to the same collision. From decrees rendered ( 10 F. Supp. 341), the Standard-Vacuum Transportation Company appealed, and the City of New York filed cross-assignments of error, claiming that the city should obtain full damages under its libel, and that the libel of the Socony-Vacuum Transportation Company should be dismissed.

Decree modified.

Macklin, Brown, Lenahan Speer, of New York City (Paul Speer, of New York City, of counsel), for appellant.

Paul Windels, Corp. Counsel, of New York City (P. Fearson Shortridge and John T. Condon, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

We agree with the court below that the collision between the barge and ferryboat was due (a) to the failure of the ferryboat to keep clear and (2) to the absence of a light on the bow of the barge. The steamtug was also properly held for failure to provide for a light on the barge. The Sif, 266 F. 166 (C.C.A. 2). Since the libel was filed in rem against both barge and tug, the fault is viewed as that of the vessels themselves, as separate offenders. The Eugene F. Moran v. New York Cent. H.R.R. Co., 212 U.S. 466, 29 S. Ct. 339, 53 L. Ed. 600. As the three vessels were at fault, and the barge and tug were the property of libelant, Standard-Vacuum Transportation Co., only one-third of its damages can be recovered. The Eugene F. Moran v. New York Cent. H.R.R. Co., supra; The Kookaburra, 69 F.2d 71 (C.C.A. 2). The city is entitled to recover two-thirds of its damages; one-third against the barge, and one-third against the tug.

Decree modified.