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UNITED STATES v. THE W. H. McALLISTER

110 F.Supp. 745 (1951)

UNITED STATES v. THE W. H. McALLISTER et al. THE C G R-1108.

United States District Court, S. D. New York.

March 31, 1951.

Attorney(s) appearing for the Case

Irving H. Saypol, U. S. Atty., Southern Dist. of New York, New York City, John A. Montgomery, Jr., New York City, of counsel, for libellant.

Purdy & Lamb, New York City, Thomas J. Irving, New York City, of counsel, for respondents.

S. H. KAUFMAN, District Judge.

From all of the evidence, it cannot be found that respondents were at fault in the operation of the Steamtug W. H. McAllister. This conclusion has been reached without regard to any of the testimony of the witness Simister.

The tug and the coast guard vessel were approaching each other on a steady course. If each had held to that course they would have passed each other, starboard-to-starboard, at a safe passing distance of 200...

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