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THE CUTCHOGUE

No. 225.

10 F.2d 671 (1926)

THE CUTCHOGUE.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Leonard J. Matteson and Andrew J. McElhinney, both of New York City, of counsel), for appellant.

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

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

MANTON, Circuit Judge.

The Lehigh Valley Railroad Company's float No. 2003, in tow of the Cutchogue, was damaged while she was being shifted on a single head line from the float bridge of the Long Island Railroad Company to the Yellow Pine dock. The float got out of control and came into collision with a Lackawanna float, which was made fast at the Yellow Pine dock.

The defense interposed was that the No. 2003 was being towed under a contract which provided...

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