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C. F. HARMS CO. v. TURNER CONST. CO.

No. 15.

3 F.2d 591 (1924)

C. F. HARMS CO. v. TURNER CONST. CO.

Circuit Court of Appeals, Second Circuit.

November 21, 1924.

Attorney(s) appearing for the Case

Walter B. Hall, of New York City, for appellant.

Bigham, Englar & Jones, of New York City (Henry N. Longley and F. Herbert Prem, both 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 pleadings herein give no indication of the case that was actually tried. Libelant sued upon a breach of an alleged contract to return this chartered vessel in the same order and condition in which she was received, ordinary wear and tear excepted, and no such contract was proven. Therefore respondent, as charterer, was liable for negligence only, and the burden was upon libelant to prove it. Harms v. Upper...

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