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THE BAKER BROTHERS

Nos. 17, 18.

10 F.2d 791 (1926)

THE BAKER BROTHERS. THE TIDE.

Circuit Court of Appeals, Second Circuit.

February 8, 1926.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (George V. A. McCloskey and William J. Martin, both of New York City, of counsel), for the Baker Brothers.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and J. Dudly Eggleston, both of New York City, of counsel), for the Tide.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

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

The primary legal fault for this collision is clear enough, if the facts are established by a fair preponderance of credible evidence in favor of a probable story. It is admitted that the tug was bound from the Bay Shore Channel to New Jersey, and crossed into the main channel about 1,000 feet below Governor's Island and had seen the Tide coming around the other end of Governor's Island bound to sea. Thus the...

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