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NAAMLOOZE VENOOTSCHAP, ETC. v. MORAN TOWING & TRANSP. CO.

Nos. 356, 357.

9 F.2d 614 (1925)

NAAMLOOZE VENOOTSCHAP MAATSCHAPPIJ STOOMSCHIP BARENDRECHT v. MORAN TOWING & TRANSPORTATION CO. THE BARENDRECHT. THE CATHERINE MORAN.

Circuit Court of Appeals, Second Circuit.

June 15, 1925.

Attorney(s) appearing for the Case

Park, Mattison & Lynch and Samuel Park and Anthony V. Lynch, Jr., all of New York City, for Moran Co. and the Moran.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (W. H. McGrann and W. H. Arnold, both of New York City, of counsel), for the Barendrecht.

Anthony M. Menkel, of New York City, for the United States.

Before ROGERS, MANTON, and HAND, Circuit Judges.

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

The fault of the Moran and of Reynolds seems to us too well established to require discussion. We think, however, that in those faults the Atlantic must share. We agree that the collision occurred in the channel, and that she was blowing proper fog signals; but we cannot agree that her speed was right in a fog. The District Court found it to have been from 4 to 5 miles an hour, though on her master's testimony...

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