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EDWARD J. BARTON LIGHTERAGE CO. v. DAVIS

Nos. 80, 81.

4 F.2d 999 (1924)

EDWARD J. BARTON LIGHTERAGE CO., Inc., v. DAVIS, Director General. THE EDWARD L. FULLER.

Circuit Court of Appeals, Second Circuit.

December 2, 1924.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark, of New York City, of counsel), for appellant.

Macklin, Brown & Van Wyck, of New York City (Pierre M. Brown, of New York City, of counsel), for appellee.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

HOUGH, Circuit Judge (after stating the facts as above).

The situation above depicted is very familiar in this crowded harbor, yet always dangerous and demanding a care certainly not here accorded it by either vessel. We agree with the court below that No. 27 was at fault, for not maintaining a lookout. The Transfer No. 8, 211 F. 965, 128 C. C. A. 463. Considering, however, the darkness of the hour, we are not inclined to stress the 27's failure to see the Fuller...

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