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O'BRIEN BROS., INC. v. CITY OF NEW YORK

No. 69.

9 F.2d 542 (1925)

O'BRIEN BROS., Inc., v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

November 9, 1925.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and George V. A. McCloskey, both of New York City, of counsel), for appellant.

George P. Nicholson, Corporation Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., of counsel), for appellees.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

The libelant's scow White Light was chartered to the city of New York on March 3, 1921, under an agreement which provided for pay at the rate of $12 per day, the owner furnishing the captain, and which made the city of New York responsible for damages caused to the scow by the fault or negligence of any of its employees, servants, agents or contractors. The scow was loaded at the Canal Street dump at New York City with ashes, boxes, rubber and...

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