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, 315 F.2d 631 (2d Cir. 1963)

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U.S. Court of Appeals for the Second Circuit - 315 F.2d 631 (2d Cir. 1963) 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.

PER CURIAM.


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.