Petitions of the Kinsman Transit Co.

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.