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THE JAMES A. McKENNA

No. 147.

25 F.2d 639 (1928)

THE JAMES A. McKENNA. THE NO. 12.

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for the McKenna.

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

Burlingham, Veeder, Masten & Fearey, of New York City (Norman M. Barron, of New York City, of counsel), for libelant.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

Of the McKenna's fault there seems to us no possible doubt. She had not yet left the pier side when she first saw the Transfer, and of course her tow had not either. Nothing prevented her from stopping where she was. She had the wind in her face and the tide would carry her back to the pier; she could have lain where she was. On the other hand, it was plainly dangerous for her to try a turn which, as the event...

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