THE NO. 1004

No. 53.

29 F.2d 203 (1928)

THE NO. 1004. THE NO. 30.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.


Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Charles W. Hagen, of New York City, of counsel), for appellant.

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

The collision occurred in the East River close to the Brooklyn shore, off Adams street, in broad day-light, on the afternoon of May 31, 1924. The weather was clear, the tide flood, and the wind northwest. The steam tug Rochester, owned by Lehigh Valley Railroad Company of New Jersey, libelant, was coming down the East River bound for Jersey City with two carfloats in tow, the No. 801 being made fast alongside the tug's starboard side, and the...

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