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O'NEIL v. BERN

No. 362.

12 F.2d 1013 (1926)

James J. O'Neil, Libelant-Appellee, v. Steam Tug BERN, Her Engines, etc., Port Reading Railroad Company, Claimant-Appellant, and Pennsylvania Railroad Company, Respondent-Appellant.

Circuit Court of Appeals, Second Circuit.

June 1, 1926.

Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck, of New York City (Paul Speer, of New York City, of counsel), for the Bern.

Burlingham, Veeder, Masten & Fearey of New York City (Chauncey I. Clark, and J. Dudley Eggleston, both of New York City, of counsel), for owner of P. R. R. No. 10.

Park, Mattison & Lynch, of New York City (Anthony V. Lynch, Jr., of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

PER CURIAM.

A recital and discussion of the very unusual facts of this case would not illustrate any doubtful point of law.

The debatable point herein is one of proximate cause, and we hold that the tug No. 10 cannot be held to liability, unless it be found that her navigators ought to have apprehended, not only that her tow would be so caught on the drill as to stay there, but also that another tow a considerable distance astern would be unable to avoid so...

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