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SHAMROCK TOWING CO. v. CITY OF NEW YORK

No. 122.

16 F.2d 199 (1926)

SHAMROCK TOWING CO., Inc., et al. v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

December 20, 1926.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (George Whitefield Betts, Jr., and H. Victor Crawford, both of New York City, of counsel), for appellant.

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and John T. Condon, of New York City, of counsel), for appellee city of New York.

Foley & Martin, of New York City (William J. Martin, of New York City, of counsel), for appellee underwriters.

Alexander & Ash, of New York City (Mark Ash and Edward Ash, both of New York City, of counsel), for appellee Shamrock Towing Co.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

That the fire started on the dump and spread to the scows seems to us borne out by substantially all the reliable evidence. It is quite true that all the testimony cannot be reconciled, but this is perhaps accounted for by the position of the witnesses, and their excitement at the time. Several came upon the scene after the first scow was ablaze; several were badly placed to observe; some were perhaps interested...

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