EDWARD J. BARTON LIGHTERAGE CO. v. PAYNE

No. 231.

6 F.2d 571 (1925)

EDWARD J. BARTON LIGHTERAGE CO., Inc., v. PAYNE, Agent, etc.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.


Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck and Horace L. Cheyney, all of New York City, for appellant.

Bigham, Englar & Jones, L. J. Matteson and A. J. McElhinney, all of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

That libelant wholly failed to prove the story of the libel is plainly true. The only arguable point is whether any fault was shown on the part of No. 26.

In support of the libel the master of the Barton was naturally the principal witness. He confirmed his distance from Manhattan shore as 450-500 feet, averred that No. 26 was nearer that shore than he was; that she blew two whistles, and he promptly...

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