PENNSYLVANIA R. CO. v. DOWNER TOWING CORPORATION

No. 251.

11 F.2d 466 (1926)

PENNSYLVANIA R. CO. v. DOWNER TOWING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

March 26, 1926.


Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and William J. Dean, both of New York City, of counsel), for appellant.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for Downer Towing Corporation.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


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

The court below seems to have held that there "was no satisfactory proof that the items of repairs shown on the (repair) bill were necessitated by the collision," and commissioner and court certainly held that said repair bill "was not shown to be correct in accordance with the rule in The Spica (C. C. A.) 289 F. 436," and for that reason also rejected it.

It is quite true that the proof offered was...

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