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NEW YORK, N. H. & H. R. CO. v. DELAWARE, L. & W. R. CO.

No. 46.

23 F.2d 487 (1928)

NEW YORK, N. H. & H. R. CO. v. DELAWARE, L. & W. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Charles M. Sheafe, Jr., of New York City (James T. Kilbreth, of New York City, of counsel), for New York, New Haven & Hartford R. Co.

John E. Morrissey, of New York City, for Delaware, Lackawanna & Western R. Co.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark, of New York City, of counsel), for Long Island R. Co.

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

PER CURIAM.

We assume arguendo that there was a covenant to return the float in good condition wear and tear excepted. We assume, likewise for argument only, that this imposed an unconditional liability on the charterer, unless the float was destroyed without its fault. Nevertheless we do not understand the libelant even to argue that the owner does not on a demise warrant a float's seaworthiness; that is, her fitness for...

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