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UNITED STATES TRUCKING CORPORATION v. CITY OF NEW YORK

No. 230.

18 F.2d 775 (1927)

UNITED STATES TRUCKING CORPORATION v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

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

Foley & Martin, of New York City (William J. Martin, of New York City, of counsel), for appellee.

Before MANTON, HAND, and SWAN, Circuit Judges.

HAND, Circuit Judge.

The city owned and maintained a public wharf for hire at the foot of North Hudson street, Brooklyn. At the north side of the pier lay the wreck of a sunken boat bows in, whose deck house projected above the water at all stages of the tide. The evidence does not show the character of the boat or of the visible house, except that it was variously described as a hay barge, a hospital boat and an excursion boat. Beneath the water the fore-deck of...

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