Filed: Apr. 18, 1963
Latest Update: Feb. 22, 2020
Summary: 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 Y
Summary: 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 Yo..
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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.
1
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.
