No. 247, Docket 27840.United States Court of Appeals, Second Circuit.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.
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