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THE TRANSFER NO. 8

Nos. 171, 172.

25 F.2d 628 (1928)

THE TRANSFER NO. 8 (two cases).

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (John W. Griffin, of New York City, of counsel), for Transfer No. 8.

Leo J. Curren, of New York City, for James McWilliams Blue Line.

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

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

AUGUSTUS N. HAND, Circuit Judge.

The Transfer No. 8, with a loaded car float on either side, proceeded down the East River, east of Blackwell's Island, against the flood tide, about 4 o'clock in the morning of March 17, 1924. When she reached the lower end of the Island, she angled gradually toward the New York shore in order to get to mid-river. While so proceeding, she saw the white lights of what she thought was a tug without a tow down the river, nearer to the...

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