TEXAS COMPANY v. R. O'BRIEN & CO.

No. 4910.

225 F.2d 280 (1955)

The TEXAS COMPANY v. R. O'BRIEN & CO., Inc.

United States Court of Appeals First Circuit.

August 26, 1955.


Attorney(s) appearing for the Case

Joseph M. Brush, New York City, with whom Thomas H. Walsh, Boston, Mass., and Thacher, Proffitt, Prizer, Crawley & Wood, New York City, were on brief, for appellant.

Seymour P. Edgerton, Boston, Mass., with whom Charles S. Bolster and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

This is an appeal from an interlocutory decree in admiralty adjudging the tanker Ventura solely at fault for colliding with the trawler Lynn and referring the cause to an assessor for the determination of damages. The appellate jurisdiction of this court under Title 28 U.S.C. § 1292(3) is clear.

The vessels collided not long after dark on a clear calm evening in November in Broad Sound not far from the outer end of the North Channel...

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