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CLEARY BROS. v. PORT READING R. CO.

No. 47.

29 F.2d 495 (1928)

CLEARY BROS., Inc., v. PORT READING R. CO.

Circuit Court of Appeals, Second Circuit.

December 3, 1928.

Attorney(s) appearing for the Case

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

William F. Purdy, of New York City (George V. A. McCloskey, of New York City, of counsel), for Pittsburgh Fuel Co. and other libelants-appellants.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee.

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

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

It is the duty of a tugmaster, who adds his tow to a moored flotilla, to inspect the lines with reference to their ability to bear the added weight under conditions of tide and weather which are to be anticipated. Penn. R. Co. v. James McWilliams Towing Line, 277 F. 798 (C. C. A. 2); McWilliams Bros. v. Davis, 285 F. 312 (C. C. A. 2). But a tug is not an insurer of the...

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