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THE TUNGUS

No. 114.

5 F.2d 66 (1925)

THE TUNGUS.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt, of New York City, of counsel), for libelant.

William Hayward, U. S. Atty., of New York City (Ralph B. Romaine, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The appellant's steamship Tungus on November 15, 1919, anchored in the harbor on the Red Hook flats in a northwestern position from the appellee's vessel, the Westerner, which distance it deemed safe. Both vessels were light, without cargo, and were riding on their anchors for four days swinging with the tides and with no unusual occurrence. On the 19th, a northwestern gale blew, the wind averaging a velocity of over 40 miles an hour. The Tungus...

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