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BERWIND WHITE COAL MINING CO. v. UNITED STATES

No. 37.

15 F.2d 366 (1926)

BERWIND WHITE COAL MINING CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., and Horace M. Gray and Frederick A. Whitney, Sp. Asst. U. S. Attys., all of New York City.

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

Before MANTON, HAND, and MACK, Circuit Judges.

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

As a bailee, the respondent would normally be liable for negligence, and for nothing more. C. F. Harms Co. v. Upper Hudson Stone Co., 234 F. 859, 148 C. C. A. 457 (C. C. A. 2). Indeed, in this circuit a covenant to redeliver in good condition, less wear and tear, adds nothing to the charterer's obligation. Mulvancy v. King Paint Co., 256 F. 615, 167 C. C. A. 642; Wandell v. New Haven Trap Rock Co. (C. C. A.)...

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