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Torts keyed to Best
Petition of Kinsman Transit Co.
Citation:
338 F.2d 708 (2d Cir. 1964)Facts
A barge called the Shiras, owned by Kinsman Transit Co., was torn from the Continental dock on the Buffalo River when a jam of ice rammed into it. The Shiras floated down the river and ran into a moored ship, the Tewksbury. Both boats and the ice floated toward a city bridge. The bridge was not raised in time, despite the bridge operators receiving warning ahead of time, and it was destroyed when the floating mass rammed into it. The wreckage dammed up the river, and property damage was sustained as far upstream as the Continental dock.
An admiralty decree found that Kinsman had negligently moored the Shiras to the dock, Continental had negligently constructed an operated some of its dock equipment, and the City was negligent in not raising the bridge in time to prevent the ice boats from hitting the bridge. The decree allocated fault between the defendants, and several parties appealed.
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