Petitions of the Kinsman Transit Co.

338 F.2d 708 (1964)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Petitions of the Kinsman Transit Co.

United States Court of Appeals for the Second Circuit
338 F.2d 708 (1964)

Play video

Facts

In 1959, winter weather caused the Buffalo River to swell and chunks of ice to be propelled downstream. The MacGilvray Shiras (Shiras) was owned by the Kinsman Transit Co. (Kinsman) (defendant). The Shiras was moored at a dock operated by Continental Grain Company (Continental) (defendant), about three miles upstream from the Michigan Avenue Bridge (bridge) in the City of Buffalo (city) (defendant). The Shiras was not moored securely. Accumulated ice and current pressure dislodged the Shiras, and it drifted into the river. Around 10:43 p.m., the Coast Guard notified the bridge that the Shiras was adrift. Around 11:00 p.m., the Shiras ran into the Michael K. Tewksbury (Tewksbury), owned by Midland Steamship Line, Inc. (Midland) (defendant). This collision unmoored the Tewksbury, which then ran into the Druckenmiller before continuing downstream. Around 11:08 p.m., a watchman called the bridge to request that it be raised, a process that required about two minutes to complete. At 11:17 p.m., the Tewksbury crashed into the bridge, which was just then being raised. The collision wrecked the bridge and injured two bridge employees (plaintiffs). The Tewksbury and the Shiras grounded in the wreckage, damming the river. The river blockage caused significant upstream flooding and damage. Numerous injured parties (plaintiffs) sued, and the cases were consolidated in a federal district court. Among other rulings, Kinsman, Continental, and the city were held jointly and severally liable for bridge-related injuries, including damages from the upstream flooding. Several appeals followed.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

Concurrence/Dissent (Moore, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 733,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 733,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 733,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership