315 F2d 631 Nassau County Bridge Authority v. Tug Dorothy McAllister

315 F.2d 631

NASSAU COUNTY BRIDGE AUTHORITY, as custodian and user of Atlantic Beach Bridge, Libellant-Appellant,
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.

Appeal from a decision of the United States District Court for the Eastern District of New York, Matthew T. Abruzzo, Judge, D.C., 207 F.Supp. 167, dismissing a libel for damage to libellant's bridge when struck by a barge in respondent's tow. Affirmed.

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 libellant-appellant.

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

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


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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.