OSTERHOUDT v. FEDERAL SUGAR REFINING CO.

No. 38.

22 F.2d 475 (1927)

OSTERHOUDT v. FEDERAL SUGAR REFINING CO. THE FRANCIS SCULLY.

Circuit Court of Appeals, Second Circuit.

November 14, 1927.


Attorney(s) appearing for the Case

Park, Mattison & Lynch, of New York City (Frank P. Treanor, Jr., of New York City, of counsel), for appellants.

William F. Purdy, of New York City, for libelant.

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer, of New York City, of counsel), for the Josephine Scully and the Mary F. Scully.

Thomas E. Murray, Jr., of New York City, for the Queen Anne.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


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

When a barge moors alongside a pier, she is bound to put out no more lines than are necessary for her own weight. On the other hand, if another barge moors outside of her, she is bound not to overcharge the fasts of the first, and if she does she is liable. Pennsylvania R. R. Co. v. McWilliams, 277 F. 798 (C. C. A. 2); McWilliams v. Davis, 285 F. 312 (C. C. A. 2); The No. 225, 272 F. 130 (D. C. S. D. N. Y...

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