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Torts Keyed to Duncan
In re Kinsman Transit Co.
Citation:
338 F.2d 708 (2d Cir. 1964)Facts
The MacGilvray Shiras, owned by the Kinsman Transit Co. (Defendant), was moored at a dock operated by Continental Grain Company (Defendant) during a winter freeze. The accumulation of ice caused the ship to become unmoored and drift downstream. The ship keeper failed to take appropriate action to prevent this. The ship hit the Michael K. Tewksbury, causing the Tewksbury to become unmoored, hit another ship, the Druckenmiller, then continued downstream. The City of Buffalo (Defendant) was warned of the drifting ships, but failed to raise the Michigan Avenue Bridge in time. The Shiras and the Tewksbury hit the bridge, causing serious damage to the bridge, damming the river, and causing flooding upstream. Numerous parties (Plaintiffs) sued for the damages caused by this series of events.
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