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DEMPSEY v. MERRITT, CHAPMAN & SCOTT CORPORATION

No. 134.

10 F.2d 687 (1926)

DEMPSEY v. MERRITT, CHAPMAN & SCOTT CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.

Attorney(s) appearing for the Case

Henry M. Hewitt, of New York City, for appellant.

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

Joseph K. Inness, of New York City, for American Baltic Chartering & Shipping Co.

Foley & Martin, of New York City, for Atlantic Lighterage Co. and Federal Lighterage Co.

Before ROGERS, MANTON, and HAND, Circuit Judges.

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

It seems to us that Judge Campbell was right in saying that the barge was staunch when the lading began. At least, we cannot find anything in the record which should permit us to reverse his finding. Again, the immediate appearance of water in her hold seems to make reasonable the inference that she had been strained at the time. The cargo was not a heavy one for her...

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