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THE INDUSTRY

No. 21.

29 F.2d 29 (1928)

THE INDUSTRY. NEW YORK & NEW JERSEY STEAMBOAT CO. v. SCHOMBURG.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and James McKown, Jr., both of New York City, of counsel), for the Industry.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and C. B. Manley O'Kelley, both of New York City, of counsel), for the Viking.

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

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

The fault of the Industry is so plain and so gross that the only question can be as to whether the Viking, the vessel ahead, was not also at fault for her change of course. Article 24 (33 USCA § 209) puts the burden upon the overtaking vessel to keep out of the way till she is "past and clear," and article 21 (33 USCA § 206) in general provides that, whenever...

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