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SEELY v. CITY OF NEW YORK

No. 136.

24 F.2d 412 (1928)

SEELY v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

January 20, 1928.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Charles A. Ellis, of New York City, of counsel), for appellant.

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and William A. Walling, of New York City, of counsel), for appellee city of New York.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for appellee Pennsylvania R. Co.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The appellant was employed as a linesman on the tug P. R. R. No. 27, operated by the Pennsylvania Railroad Company, when, on December 5, 1924, No. 27 collided with the fireboat W. L. Strong, owned by the city of New York. When the collision occurred, the appellant was struck by a line which parted, and received injuries for which he filed this libel. We approve the findings and conclusion of the court below, which resulted in holding the fireboat Strong...

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