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THE J. G. ROSE

No. 118.

9 F.2d 917 (1925)

THE J. G. ROSE.

Circuit Court of Appeals, Second Circuit.

December 7, 1925.

Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck, of New York City (Horace L. Cheyney, 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 appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.

PER CURIAM.

The court below found that there was a collision as alleged, and we are not disposed to disturb that finding. We also accept the finding below that there was negligence on the part of the bargemaster, and are of opinion that his negligence was greater than claimant's. We also agree that, had prompt steps been taken to either beach or siphon the Farrell, there would have been no serious result.

We cannot agree that the negligence of claimant's tug...

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