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NEW YORK CENT. R. CO. v. CITY OF NEW YORK

No. 316.

19 F.2d 294 (1927)

NEW YORK CENT. R. CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 2, 1927.

Attorney(s) appearing for the Case

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

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and John T. Condon, of New York City, of counsel), for appellee.

Before MANTON and SWAN, Circuit Judges, and CAMPBELL, District Judge.

MANTON, Circuit Judge.

At the time of this collision, the appellant's barge Weehawken was lying alongside two other vessels at Pier 33, Brooklyn. This is adjacent to the Buttermilk Channel. The ferryboat Gowanus left her slip at Thirty-Ninth street in a very thick fog, and while navigating out of her course ran into and damaged the Weehawken.

The fog was very dense, and had prevailed for a considerable time previous. The Gowanus made a trip in the fog from...

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