Atlantic Refining Co. v. Moller, 320 U.S. 462 (1943)

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Atlantic Refining Co. v. Moller

No. 56

Argued December 7, 1943
Decided December 20, 1943
320 U.S. 462

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Section 15 of an Act of March 3, 199, makes it unlawful "to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft."

Held:

1. An exception to § 15 is recognized where literal compliance with its terms would create a danger to navigation which a departure from its terms could avoid or lessen. P. 466.

2. The circumstances in which a vessel in this case was twice anchored in a navigable channel during a fog warranted an exception to § 15 in each instance. P. 467.

134 F.2d 1000 reversed.

Certiorari, 319 U.S. 737, to review the reversal of a decree which, in a suit in admiralty arising out of a collision, awarded damages to the libellant and dismissed a cross-libel, 40 F.Supp. 641. The reviewing court found statutory negligence on the part of the libellant’s vessel, and ordered a division of the damages.