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THE BENALLA

45 F.2d 864 (1921)

THE BENALLA. THE FRED B. DALZELL. BUSH TERMINAL CO. v. PENINSULAR & ORIENTAL STEAM NAV. CO.

District Court, S. D. New York.

February 28, 1921.

Attorney(s) appearing for the Case

Park & Mattison, of New York City (Samuel Park, of New York City, of counsel), for libelant.

Lord, Day & Lord and Kirlin, Woolsey, Campbell, Hickox & Keating, all of New York City (Allan B. A. Bradley and L. De Grove Potter, both of New York City, of counsel), for the Benalla.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and Charles E. Wythe, both of New York City, of counsel), for the Fred B. Dalzell.

L. HAND, District Judge (after stating the facts as above).

No excuse is made or is possible for the navigation of the Dalzell. Not only was her lookout wholly inattentive, but her pilot must have been equally negligent, for although he could not see off on his starboard hand, it is inconceivable that he should have been paying any attention whatever, or he would have heard the continuously repeated signals from the Benalla. The case, therefore, presents the strongest...

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