THE MOHEGAN

Nos. 7-10.

28 F.2d 795 (1928)

THE MOHEGAN. THE J. L. LUCKENBACH. THE LAKEWOOD.

Circuit Court of Appeals, Second Circuit.

October 29, 1928.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant Central Railroad Co. of New Jersey.

Carter & Phillips, of New York City (Peter S. Carter, of New York City, of counsel), for appellee Luckenbach Steamship Co.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and W. Parker Sedgwick, both of New York City, of counsel), for appellee and appellant New England Steamship Co.

Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for appellee Pennsylvania Railroad Co.

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for appellee Olsen Water & Towing Company, Inc.

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


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

The first collision was between the ferryboat Lakewood and the steamer Mohegan. The District Court found that it occurred about 150 feet off Pier 13, Manhattan shore, on the last of the flood tide. The Lakewood left Communipaw, N. J., at 7:04 a. m., bound for her New York slip on the north side of Pier 11. The fog was so dense that her lookout could not be seen from her pilot house. She proceeded cautiously,...

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