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RED STAR TOWING & TRANSPORTATION CO. v. WOODBURN

No. 200.

18 F.2d 77 (1927)

RED STAR TOWING & TRANSPORTATION CO. v. WOODBURN.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.

Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and C. B. Manley O'Kelley, both of New York City, of counsel), for Red Star Towing Co.

Horace L. Cheyney and Macklin, Brown, Lenahan & Speer, all of New York City, for Woodburn.

Robert S. Erskine, Henry P. Elliott, and Kirlin, Woolsey, Campbell, Hickox & Keating, all of New York City, for the Priscilla and another.

Before MANTON, HAND, and SWAN, Circuit Judges.

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

Woodburn's liability seems to us well established. His duty arose as soon as he learned of the wreck, and its liability after a reasonable time in which to take action. The Anna M. Fahy, 153 F. 866 (C. C. A. 2); The Macy, 170 F. 930 (C. C. A. 2). We cannot agree that the phrase "navigable channel" in section 15 of the act of 1899 (chapter 425 [Comp. St. § 9920]) confines that duty to those deeper channels...

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