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THE SMITH TERRY NO. 1.

No. 1069.

34 F.2d 570 (1923)

THE SMITH TERRY NO. 1. TUPPER v. HYDE.

District Court, S. D. Florida, at Jacksonville.

February 24, 1923.

Attorney(s) appearing for the Case

E. O. Locke, of Jacksonville, Fla., for libelant and cross-respondent.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City, and Kay, Adams & Ragland, of Jacksonville, Fla., for claimant and cross-libelant.

CLAYTON, District Judge.

Libelant sues for hire of a tug for towing a barge from Key West, Fla., to New Orleans, La., and back to Jacksonville, Fla. The rate of daily pay and terms are shown by the charter party in evidence. Respondent defends, and alleges that the tug was unfit for the service, and that, by unjustifiable delays, damages accrued, and they are demanded by a cross-libel. Libelant insists that the length of the voyage was caused by bad weather, which...

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