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THE CAPE RACE

No. 174.

18 F.2d 79 (1927)

THE CAPE RACE. THE THETIS. THE WOODMANCEY.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.

Attorney(s) appearing for the Case

Gerald J. McKernan and Macklin, Brown, Lenahan & Speer, all of New York City, for libelant.

Delancey Nicoll, Jr., and Nicoll, Anable & Nicoll, all of New York City, for the Thetis.

Peter Alexander and Alexander & Ash, all of New York City, for the Woodmancey.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

That negligence by the Thetis might be inferred from the unexplained and unexcused parting of her steering cable, may be admitted. The tug's breakdown was not inevitable accident, within the rule of The Merchant Prince [1892] P. D. 179, as enforced in The Edmund Moran (C. C. A.) 180 F. 700, and The Bayonne (C. C. A.) 213 F. 216. Yet it remains true that the barge in tow received no injury as the result of that...

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