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FLINT v. ROBINS DRY DOCK & REPAIR CO.

No. 272.

13 F.2d 3 (1926)

FLINT et al. v. ROBINS DRY DOCK & REPAIR CO.

Circuit Court of Appeals, Second Circuit.

June 7, 1926.

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.

H. Alan Dawson, of Philadelphia, Pa., and Burlingham, Veeder, Masten & Fearey, of New York City (Roscoe H. Hupper and William J. Dean, both of New York City, of counsel), for appellees.

Before ROGERS, HAND, and MACK, Circuit Judges.

MACK, Circuit Judge.

This proceeding arose out of the same accident on which the libel in rem considered in The Bjornefjord (C. C. A.) 271 F. 682, was based. We there held that the time charterer had no cause of action in rem for the estimated value of the use of the vessel for 14 days, due to the negligence of the instant respondent in letting the spare propeller fall while installing it in the ship. The basis of that decision was that instant respondent was an independent...

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