OSTERHOUDT v. FEDERAL SUGAR REFINING CO.


14 F.2d 319 (1926)

OSTERHOUDT v. FEDERAL SUGAR REFINING CO. THE UNIVERSE.

District Court, S. D. New York.

May 17, 1926.


Attorney(s) appearing for the Case

William F. Purdy, of New York City, for libelant.

Park, Mattison & Lynch, of New York City (Anthony V. Lynch, Jr., and Frank P. Treanor, Jr., both of New York City, of counsel), for respondent Federal Sugar Refining Co.

Thomas E. Murray, Jr., of New York City, for claimant Neville.

Macklin, Brown & Van Wyck, of New York City (Paul Speer, of New York City, of counsel), for claimant O'Boyle.


THACHER, District Judge (after stating the facts as above).

No one saw the sequence in which the Queen Anne's line to the dock slipped around the bitt and the lines of the Francis Scully parted. Plested, the captain of the Francis Scully, testified that he was awakened by the operations of the tug, got up, and started his fire. He continued his testimony as follows:

"Q. Captain, after you dressed, forgetting all about this towboat, tell me when you saw the...

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