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Torts Keyed to Goldberg
Petitions of the Kinsman Transit Co.
Facts
On January 21, 1959, there was thaw and rain followed very cold weather, causing the Buffalo River to swell and chunks of ice to propel downstream. In the winter, many vessels were permanently fixed in the river. Those vessels did not have any power. TheMacGilvray Shiras, a vessel owned by the Kinsman Transit Co. (Kinsman) was fixed at a dock operated by Continental Grain Company (Continental) about three miles upstream from the Michigan Avenue Bridge (Bridge) in the City of Buffalo (City). TheShiraswas position in a manner that would allow ice and debris to amass between its stem and the riverbank. None of the anchors were placed. At approximately 10 p.m., the accumulation of ice and the pressure of the current caused Shirasfixed lines to fail. An improperly constructed “deadman,” to which one of the cables was attached, was displaced from the ground. At approximately 10:40 p.m., theShirasfloated into the current. At approximately 10:43 p.m., the City was notified that theShiraswas adrift. At approximately 11:00 p.m., theShirasran into theMichael K. Tewksbury, a vessel owned by Midland Steamship Line, Inc. (Midland), resulting in theunmooring of Tewksbury. Tewksbury then collided into theDruckenmiller and continued downstream. At approximately 11:08 p.m., a watchman that was overseeing theTewksburycalled the Cityand requested that it be raised, a process very short procedure, about two minutes. At approximately 11:17 p.m., theTewksbury crashed into the Bridge, which was being raised at that moment. Due to the collision, the Bridge’s south tower dropped. TheTewksburythen grounded and theShirasstruck it,with the vessels and Bridge wreckage,causing the river to be dammed. Subsequently, the Bridge’s north tower collapsed. Due to the preceding events, two Bridge employees were injured, there was considerable flooding, property damage extended nearly three miles upstream. Thereafter, many injured parties (Plaintiffs) brought suit and cross claimed against Kinsman, Continental, Midland, and the City, and the cases were consolidated for trial to a federal district court. The court held that Kinsman and Continental equally liable for damages to theTewksburyandDruckenmiller. Kinsman, Continental, and the City were found to be jointly and severally liable for injuries. Midland was exonerated. Six appeals followed.
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