THE ROSS CODDINGTON

No. 149.

6 F.2d 191 (1925)

THE ROSS CODDINGTON.

Circuit Court of Appeals, Second Circuit.

February 16, 1925.


Attorney(s) appearing for the Case

Harold J. Adams and Herbert W. Huntington, both of Buffalo, N. Y., for appellant.

Elmer R. Weil, of Buffalo, N. Y., for appellee.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


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

The defenses urged here and below are: (1) That the action is barred by the release of Cunningham to Great Lakes Company; (2) that the injury occurred without any negligence on the part of the tug, but solely by libelant's own act.

The theory of first defense is that, assuming a tort to have been committed, Great Lakes Company and the tug were joint tortfeasors...

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