THE DIAMOND S.

No. 126.

9 F.2d 880 (1925)

THE DIAMOND S.

Circuit Court of Appeals, Second Circuit.

December 7, 1925.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, of New York City (James K. Symmers, of New York City, of counsel), for appellant.

Foley & Martin and William J. Martin, all of New York City, for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.


HOUGH, Circuit Judge.

We find no question of law in the record, and after examining that document we are unable to view the facts as did the lower court.

This collision occurred in the North River during the late afternoon of a clear day, with an ebb tide and wind of insufficient strength to interfere with navigation. Shortly before collision, there were in the river at the same time and within signaling distance of...

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