Opinion · Court of Appeals for the Second Circuit
The Panther
5 F.2d 64
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1925-01-05
- Topic
- general
MANTON, Circuit Judge. On January 13, 1922, at 6:45 p. m., the Panther had in tow the barges Conway, Hancock, and McLoughlin to be delivered at the foot of Fifty-Eighth street, North River. The Conway and Hancock were in the first tier, the Conway being the port barge, and astern of these was the McLoughlin. When midway between Twenty-Third street and Thirtieth street, the Panther cast off both the Conway ’ and Hancock and proceeded with the McLoughlin to Thirtieth street. The reason for this was stated to be that there was heavy ice on the New York side which prevented the Panther from landing the. two barges on that side while the McLoughlin was being placed in the Thirtieth street slip.
Citator
UpLaw has not yet analyzed The Panther. The absence of a flag is not a finding that it is good law.
- Cited by
- 17 opinions
Libel in admiralty by Michael J. Derby against the steam tug Panther, her engines, etc., claimed by the New York Marine Company. Decree for libelant, and claimant appeals. Reversed.
Certiorari denied 45 S. Ct. 508, 69 L. Ed. ___.
Macklin, Brown Van Wyck, of New York City (Pierre M. Brown, of New York City, of counsel), for appellee.
It is urged that the Panther is in part at fault and should be held responsible for the payment of one-half the damages. Reliance is placed on The Westchester, 254 F. 576, 166 C.C.A. 134; and The Etruria, 147 F. 216, 77 C.C.A. 442. In The Westchester there was an unexplained breaking of the propeller shaft of a tug in charge of a tow. The barge went adrift and later stranded. It was held that it could not be said with reasonable certainty that if it had been equipped with anchor, stranding would have been avoided and both the tug and barge werePage 65held for half damages. In The Etruria a tug cast adrift two lighters having neither motor power nor means of signaling, and a collision occurred between one of the lighters and a steamship passing out to sea, which did not see the lighters until 1,000 feet away from them. The steamship was held chargeable with contributory fault in failing to see the lighters and in going at such a rate of speed that she was unable to avoid the collision. No unseaworthiness was established because of the lack of anchor. That failure was held not to be the proximate cause of the collision. The Panther may not be held at actionable fault here, and the proximate cause must be found to be that the barges were unseaworthy in not being equipped with an anchor.
Decree reversed.