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THE PERSEVERANCE

Nos. 254, 255.

11 F.2d 527 (1926)

THE PERSEVERANCE. THE DUTCHESS.

Circuit Court of Appeals, Second Circuit.

March 26, 1926.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickok & Keating, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

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

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

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

Although the evidence as to weather in the very early morning of June 4th is neither full nor altogether harmonious, we are satisfied that Perseverance saw Dutchess and her tow soon enough and long enough to keep clear, which was a duty incumbent on the tug, whether the canal boat was moving or moored. We therefore agree that Perseverance was at fault.

But we are satisfied that Dutchess also was negligent...

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