NEW YORK & CUBA MAIL S. S. CO. v. UNITED STATES

Nos. 314-316.

12 F.2d 348 (1926)

NEW YORK & CUBA MAIL S. S. CO. v. UNITED STATES et al. FLANNERY, GUINAN & MORAN, Inc., v. NEW YORK & CUBA MAIL S. S. CO. et al. (two cases).

Circuit Court of Appeals, Second Circuit.

May 3, 1926.


Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Charles W. Hagen and Leonard Matteson, both of New York City, of counsel), for Flannery, Guinan & Moran, Inc.

Burlingham, Veeder, Masten & Feary, of New York City (Chauncey I. Clark and Eugene Underwood, Jr., both of New York City, of counsel), for New York & Cuba Mail S. S. Co.

Emory R. Buckner, U. S. Atty., of New York City (Horace M. Gray, Sp. Asst. U. S. Atty., of New York City), opposed.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

Viewed under the "pier end" statute, we cannot think this case one of legal difficulty. The construction of that act was settled in The Chauncey M. Depew, 139 F. 236, 71 C. C. A. 362, holding that, while the statute did not govern the right of recovery in admiralty, the regulation was within the power of the state, and the violation thereof was a fault; wherefore, if that fault contributed to the collision,...

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