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M. & J. TRACY v. PAYNE

4 F.2d 158 (1923)

M. & J. TRACY, Inc., v. PAYNE.

District Court, S. D. New York.

January 22, 1923.

Attorney(s) appearing for the Case

Park, Mattison & Lynch, of New York City (Anthony V. Lynch, Jr., of New York City, of counsel), for libelant.

Macklin, Brown & Van Wyck, of New York City (R. F. Lenahan, of New York City, of counsel), for respondent.

WARD, Circuit Judge.

July 24, 1919, the coal barge Cape Sable was the port boat in the last tier of the light tow of the tugs Pencoyd and Ashbourne, from Ellis Island to Port Reading. About 2:40 a. m. of July 25, when near Shooters Island, an unidentified tug with a lighter on her starboard side passed the tow port to port; i. e., between the tow and the Staten Island shore, colliding with the Cape Sable. There was no exchange of signals. The respondent denies any...

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