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THE MONTAUK

Nos. 19, 20.

9 F.2d 882 (1925)

THE MONTAUK. THE BURRO.

Circuit Court of Appeals, Second Circuit.

December 7, 1925.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and J. Dudley Eggleston, both of New York City, of counsel), for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for the Burro.

Macklin, Brown & Van Wyck, of New York City, for appellee Slayne.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

The vital inquiries in this case are we think two: (1) What was the place of collision? (2) How does the story told for the Burro account for collision at that place?

The fact that Montauk's starboard car float struck the end of Rivington Street pier almost immediately after collision, the fact that the usual — indeed, almost invariable — course...

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