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SCOTTISH NAV. CO. v. MUNSON S. S. LINE

No. 161.

10 F.2d 708 (1926)

SCOTTISH NAV. CO., Limited, v. MUNSON S. S. LINE. MUNSON S. S. LINE v. SCOTTISH NAV. CO., Limited.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Charles R. Hickox and Earl Appleman, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Masten & Fearey, of New York City (Roscoe H. Hupper and William J. Dean, both of New York City, of counsel), for charterer.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

Consideration of the apostles does not lead us to add much to the opinion of Ward, Circuit Judge, in the court below. The principal question is wholly of fact, viz.: Why did the mast break?

The original libel asserts the charterers, while "shifting a heavy log," did the work so badly as to break the mast; i. e., impose undue strain thereupon. There is no doubt that the immediate cause (that nearest in...

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