THE CORNELL

Nos. 73-75.

15 F.2d 375 (1926)

THE CORNELL (two cases). THE BURLINGTON SOCONY. THE SOCONY NO. 117.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.


Attorney(s) appearing for the Case

William F. Purdy, of New York City, for McAllister Towing & Transportation Co., Inc.

Foley & Martin, of New York City, for the Cornell and another.

Paul Speer, Pierre M. Brown and Macklin, Brown, Lenahan & Speer, all of New York City, for the Burlington Socony and Socony No. 117.

Before HOUGH, MANTON, and MACK, Circuit Judges.


PER CURIAM.

A recital of the facts does not seem necessary. We recognize the following propositions of law:

1. Where, in a collision case, the fault of one party is gross and unescapable, the alleged contributing fault of any other party must be proven by a clear and convincing preponderance of evidence.

2. In awarding salvage, the state of mind — i. e., the apprehension of danger on the part of those originally in charge of the salved property...

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