Petitions of the Kinsman Transit Co.
United States Court of Appeals for the Second Circuit
338 F.2d 708 (1964)
A poorly moored, unanchored vessel owned by Kinsman Transit Co. (defendant), docked at Continental Grain's (defendant) facility, broke free during an ice-and-current surge on the Buffalo River, drifted downstream, and struck another vessel, which in turn struck a third and continued downstream; the City of Buffalo (defendant) failed to timely raise a bridge that the drifting vessels then struck, causing it to collapse, dam the river, and flood upstream property extending nearly three miles, injuring bridge workers and causing widespread damage. The district court held Kinsman and Continental liable for vessel damage and, along with the City, jointly and severally liable for the bridge-related injuries; six appeals followed.
Whether, where an actor breaches a duty of care at the risk of creating a foreseeable type of injury, liability may be limited on the ground that the actual, resulting injury was different in manner and extent than expectable.