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THE GEORGE H. JONES

No. 318.

27 F.2d 665 (1928)

THE GEORGE H. JONES. THE SUNOCO.

Circuit Court of Appeals, Second Circuit.

July 23, 1928.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (J. Harvey Turnure and William H. McGrann, both of New York City, of counsel), for the George H. Jones.

Bigham, Englar & Jones, of New York City (Leonard J. Matteson and T. Catesey Jones, both of New York City, of counsel), for the Sunoco.

Leo J. Curren, of New York City, for the Kellers.

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

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

Prima facie the Jones stands at fault. Minnesota S. S. Co. v. Lehigh Valley Transportation Co., 129 F. 22 (C. C. A. 6). She left her course, came at least 100 feet in shore, and collided with a tow which was on a steady and obvious course safely on her port hand. The Jones' pilot frankly concedes that he did this because, in a choice of evils, he preferred taking the chance of hitting the tow to risking a...

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