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ROGERS v. MORAN TOWING & TRANSPORTATION CO.

No. 343.

20 F.2d 558 (1927)

ROGERS v. MORAN TOWING & TRANSPORTATION CO. et al.

Circuit Court of Appeals, Second Circuit.

July 5, 1927.

Attorney(s) appearing for the Case

Rumsey & Morgan, of New York City (Mark W. Maclay and John Tilney Carpenter, both of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Pierre M. Brown, of New York City, of counsel), for respondent appellee.

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

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

This is a pure question of fact and the inferences to be drawn from the circumstances are not perfectly clear. It must be borne in mind, however, that the burden is upon those claiming a liability where, as here, there was no bailment by the Moran Company to the Foundation Company, and no agreement by the latter to return the scow in good order.

The contract between the Moran Company and the...

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