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THE PENOLES

No. 89.

3 F.2d 761 (1924)

The PENOLES. SCOTIA CORPORATION v. DAVIS, Director General.

Circuit Court of Appeals, Second Circuit.

November 21, 1924.

Attorney(s) appearing for the Case

Charles W. Hagen, of East Orange, N. J., and L. J. Matteson and Bigham, Englar & Jones, all of New York City, for appellant Davis.

Ralph O. Willguss and Watson, Harrington & Sheppard, all of New York City, for the Penoles.

Geo. V. A. McCloskey, William Martin, and Foley & Martin, all of New York City, for appellee.

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

HOUGH, Circuit Judge.

On the afternoon of a summer day, in fair weather, and the ebb tide of the East River, the steam lighter Scotia was struck or "side-swiped" on her stern by a passing car float attached to the port side of the tug Auburn, and a few seconds later was hit by the steam lighter Penoles on the starboard side near the stern. This suit is to recover the damages caused by these practically simultaneous collisions.

The masters of the three steam...

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