Ore Carriers Of Liberia, Inc. v. Navigen Co., 435 F.2d 549 (2d Cir. 1970). · Go Syfert
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Ore Carriers Of Liberia, Inc. v. Navigen Co., 435 F.2d 549 (2d Cir. 1970). Cases Citing This Book View Copy Cite
21 citation events (1 in the last 25 years) across 10 distinct courts.
Strongest positive: Orduna S.A. And Transglobal Maritime Corporation, Plaintiffs-Appellants-Appellees-Cross-Appellees v. Zen-Noh Grain Corporation, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants v. F & P Engineers, Inc., Republic Insurance Company and Employers Insurance Company of Wausau, Third Party Defendants-Appellants-Cross-Appellees (ca3, 1990-11-06)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Orduna S.A. And Transglobal Maritime Corporation, Plaintiffs-Appellants-Appellees-Cross-Appellees v. Zen-Noh Grain Corporation, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants v. F & P Engineers, Inc., Republic Insurance Company and Employers Insurance Company of Wausau, Third Party Defendants-Appellants-Cross-Appellees
3rd Cir. · 1990 · confidence medium
Co. v. Oswego Shipping Corp., 498 F.2d 469 , 472-73 (2d Cir.), cert. denied, 419 U.S. 998 , 95 S.Ct. 313 , 42 L.Ed.2d 272 (1974); Ore Carriers of Liberia, Inc. v. Navigen Co., 435 F.2d 549, 550 (2d Cir.1970) (per curiam); Paragon Oil Co. v. Republic Tankers, S.A., 310 F.2d 169 (2d Cir.1962), cert. denied, 372 U.S. 967 , 83 S.Ct. 1092 , 10 L.Ed.2d 130 (1963).
discussed Cited as authority (rule) Orduna S.A. v. Zen-Noh Grain Corp.
5th Cir. · 1990 · confidence medium
Co. v. Oswego Shipping Corp., 498 F.2d 469 , 472-73 (2d Cir.), cert. denied, 419 U.S. 998 , 95 S.Ct. 313 , 42 L.Ed.2d 272 (1974); Ore Carriers of Liberia, Inc. v. Navigen Co., 435 F.2d 549, 550 (2d Cir.1970) (per curiam); Paragon Oil Co. v. Republic Tankers, S.A., 310 F.2d 169 (2d Cir.1962), cert. denied, 372 U.S. 967 , 83 S.Ct. 1092 , 10 L.Ed.2d 130 (1963).
discussed Cited as authority (rule) Granholm v. TFL Express
S.D.N.Y. · 1984 · confidence medium
If interest could not be allowed until the damages are liquidated and the responsibility fixed, it is difficult to see in what admiralty cases of collision interest could ever be discretionary or allowed from a date preceding the decree fixing liability, and the general rule regarding interest in admiralty proceedings would have no force.’ Id. at 472 .” The Second Circuit, affirming, expressed its agreement that: “... where the only question is whether one party who has paid all damages is entitled to reimbursement, an award of pre-judgment interest is appropriate.” 435 F.2d at 551.
discussed Cited as authority (rule) Alkmeon Naviera, S.A. v. M/V MARINA L
unknown court · 1980 · confidence medium
Contra: Ore Carriers of Liberia, Inc. v. Navigen Co., 305 F.Supp. 895, 897 (S.D.N.Y.1969), aff’d, 435 F.2d 549, 551 (2d Cir. 1970). 12 On the present record, we find none of these peculiar circumstances.
cited Cited "see" Iberian Tankers Co. v. Gates Construction Corp.
S.D.N.Y. · 1974 · signal: see · confidence high
See Carriers of Liberia, Inc. v. Navigen Co. (S.D.N.Y.1969) 305 F. Supp. 895 , aff’d, 435 F.2d 549 (2nd Cir. 1970).
discussed Cited "see" Venore Transportation Co. v. Oswego Shipping Corp. (2×) also: Cited "see, e.g."
S.D.N.Y. · 1973 · signal: see · confidence high
See Ore Carriers of Liberia, Inc. v. Navigen Co., 435 F.2d 549 (2d Cir. 1970) ; Nassau Sand & Gravel Co. v. Red Star Towing & Transp.
discussed Cited "see, e.g." United States v. Citgo Asphalt Refining Company
3rd Cir. · 2013 · signal: see also · confidence low
Cooke et al., supra, ¶ 5.152; 2A Sturley, supra, § 175, at 17-26; see also Ore Carriers of Liber., Inc. v. Navigen Co., 435 F.2d 549 , 550-51 (2d Cir.1970) (affirming an order dividing a ship's damages between the owner and charterer where the charterer had warranted a safe port, but the owner nonetheless proceeded "with full knowledge of the probable unavailability of tug assistance,” which was hazardous).
cited Cited "see, e.g." Venore Transportation Company v. Oswego Shipping Corporation, Third-Party Plaintiff-Appellant-Sppellee v. Banco Do Brasil, Third-Party Defendant-Appellant-Appellee
2d Cir. · 1974 · signal: see, e.g. · confidence low
See, e.g., Ore Carriers of Liberia, Inc. v. Navigen Co., 435 F.2d 549 (2d Cir. 1970); Nassau Sand & Gravel Co. v. Red Star Towing and Transportation Co., 62 F.2d 356 (2d Cir. 1932).
cited Cited "see, e.g." Venore Transportation Co. v. Oswego Shipping Corp.
2d Cir. · 1974 · signal: see, e.g. · confidence low
See, e. g., Ore Carriers of Liberia, Inc. v. Navigen Co., 435 F.2d 549 (2d Cir. 1970); Nassau Sand & Gravel Co. v. Red Star Towing and Transportation Co., 62 F.2d 356 (2d Cir. 1932).
Retrieving the full opinion text from the archive…
Ore Carriers of Liberia, Inc., as Owner of M
v.
Tyne Ore, Plaintiff-Appellee-Appellant v. Navigen Company and Navios Corporation, Defendants-Appellants-Appellees
34371.
Court of Appeals for the Second Circuit.
Dec 15, 1970.
435 F.2d 549
Published

435 F.2d 549

ORE CARRIERS OF LIBERIA, INC., as Owner of M.V. TYNE ORE, Plaintiff-Appellee-Appellant,
v.
NAVIGEN COMPANY and Navios Corporation, Defendants-Appellants-Appellees.

No. 291.

No. 292.

Docket 34236.

Docket 34371.

United States Court of Appeals, Second Circuit.

Argued December 8, 1970.

Decided December 15, 1970.

Charles S. Haight, Jr., New York City (Haight, Gardner, Poor & Havens, and Gordon W. Paulsen, New York City, on the brief), for plaintiff-appellee-appellant.

Edward L. Smith, New York City (Kirlin, Campbell & Keating, Walter P. Hickey and David A. Nourse, New York City, on the brief), for defendants-appellants-appellees.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and CLARIE, District Judge.[*]

PER CURIAM:

[*~549]1

This suit arises out of a collision between the M.V. Tyne Ore, a Liberian flagship vessel owned by Ore Carriers of Liberia, Inc., and machinery owned by the Toledo, Lorain and Fairport Deck Company. The collision occurred in the Black River in the Port of Lorain, Ohio, while the Tyne Ore was attempting to navigate the river without tug assistance. Toledo, Lorain and Fairport commenced an action in the Northern District of Ohio against Ore Carriers to recover for the damage inflicted upon its machinery. Ore Carriers paid a $120,000 settlement, and then commenced the present action in the Southern District of New York against Navigen Company and Navios Corporation, the charterers of the Tyne Ore, to recover this payment together with its own losses. The parties stipulated that the total amount of damages was $146,488.78.

2

Judge Metzner, in an unreported opinion, held that damages should be divided, and entered judgment against charterers "in the amount of $146,448.78, said damages shall be divided equally between the opposing parties pursuant to the stipulation." On motion to amend the judgment, he changed the language to reflect a recovery of $73,224.39, and allowed pre-judgment interest, D.C., 305 F.Supp. 895. Charterers appeal, and shipowner cross-appeals.

3

Both sides agree that it was hazardous for a ship such as the Tyne Ore to navigate the Black River without tug assistance. Judge Metzner concluded that charterers had contractually warranted the safety of port and berth and that this warranty was breached, but that shipowner had acted with full knowledge of the probable unavailability of tug assistance. His findings are amply supported by the record. Shipowner's vice president knew before the voyage commenced that the Tyne Ore, as a Liberian flagship vessel, might be picketed and that tug assistance consequently was unlikely.

4

Judge Metzner held that under these circumstances, damages should be divided, citing Cities Service Transp. Co. v. Gulf Ref. Co., 79 F.2d 521 (2d Cir. 1935), and Paragon Oil Co. v. Republic Tankers, S.A., 310 F.2d 169 (2d Cir. 1962). Shipowner contends that it should recover in full, while charterers claim that the complaint should be dismissed. Under the cases cited above, we agree with the district court. See also Park S. S. Co. v. Cities Service Oil Co., 188 F.2d 804 (2d Cir. 1951).

5

Charterers also contend that the master and pilot were negligent in their handling of the ship after it had entered Lorain Harbor. Judge Metzner rejected their claim, finding that "the absence of tugs placed the vessel in an emergent situation." The record supports his findings.

6

Charterers further argue that the district court abused its discretion in awarding pre-judgment interest on the damages which the court assessed against the charterers amounting to one-half of the total damages sustained by shipowner. We agree with Judge Metzner, 305 F. Supp. 895, that where the only question is whether one party who has paid all damages is entitled to reimbursement, an award of pre-judgment interest is appropriate.

[*~550]7

Affirmed.

Notes:

*

Sitting by designation