THE PORTCHESTER

No. 201.

18 F.2d 75 (1927)

THE PORTCHESTER. THE PRISCILLA.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.


Attorney(s) appearing for the Case

Robert S. Erskine and Henry P. Elliott, both of New York City, for the Priscilla.

Chauncey I. Clark, C. B. Manley O'Kelley, and Burlingham, Veeder, Masten & Fearey, all of New York City, for the Portchester.

Horace L. Cheyney, of New York City, for the barge.

Before MANTON, HAND, and SWAN, Circuit Judges.


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

Before considering the evidence upon the steamer's fault, we pause to say that the tug's liability is in any case established. While it may be true that one of the hawser's three strands was not quite cut through, it is clear from Bagger's uncontradicted testimony that so little was left as to give it only two-thirds of its strength. In the absence of any explanation by the tug, in whose custody the hawser remained...

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