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THE JOHN T. HUGHES

No. 28.

9 F.2d 919 (1925)

THE JOHN T. HUGHES.

Circuit Court of Appeals, Second Circuit.

October 23, 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.

Frederick W. Park, of New York City, for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

PER CURIAM.

It is admittedly true that on a day of fair weather libelant's barge Devon was lying at a bulkhead in Astoria, and so was claimant's scow Hughes. Between them was a "hoister." In order to move the hoister and insert it between the Hughes and the land, the lines at one end of the Hughes were thrown off. This permitted her to swing away from the bulkhead side, and she touched and "came across the stern of the Devon," as is admitted in the answer.

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