The Tungus

3 Citing cases

  1. Neptune Maritime Co. v. The Vessel Essi Camilla

    562 F. Supp. 14 (E.D. Va. 1982)   Cited 3 times
    In Neptune, the court's contra marine peril finding did not concern the salvage of a grounded and stranded vessel; instead, the court found no marine peril where a temporary grounding prevented two collided ships from "drifting further out of control and incurring further damage" and where the ships later went on their own way.

    Therefore, if a vessel at anchor in a gale could reasonably avoid a collision threatened by another vessel, and does not adopt the means for doing so, she is likewise at fault and must abide the loss with the other vessel. The Sapphire, 78 U.S. (11 Wall) 164, 20 L.Ed. 127 (1871); The Tungus, 5 F.2d 66 (2d Cir. 1925). However, it is not sufficient for the ESSI to cast a doubt on the management of the MERCEDES and the NAIAD.

  2. Segrave Transp. Co. v. Eskay Coal Fuel Co.

    205 F.2d 257 (2d Cir. 1953)

    Restatement of Torts § 452. The Sapphire, 11 Wall. 164, 20 L.Ed. 127; The Ciudad de Reus, 2 Cir., 185 F. 391; The Baltimore, 1 Cir., 283 F. 728; The Tungus, 2 Cir., 5 F.2d 66; Cuyamel Fruit Co. v. Nedland, 5 Cir., 19 F.2d 489; The East Indian, 2 Cir., 62 F.2d 242. Restatement of Torts § 479.

  3. Chelsea

    58 F. Supp. 969 (E.D.N.Y. 1945)

    I think the Gylfe's failure to go ahead with her engine, during her swing from position 1 (the Russell diagramatic exhibit) to position 3, was a contributing fault. The Tungus, 2 Cir., 5 F.2d 66.          Thus all three vessels were at fault, and the libellant may have a decree for half damages against the respondent and the respondent-impleaded, to be shared equally.