THE LUCY EVELYN

No. 202.

31 F.2d 982 (1929)

THE LUCY EVELYN. MACHIAS LUMBER CO. et al. v. ORIENT POINT WHARF COMPANY et al.

Circuit Court of Appeals, Second Circuit.

On Rehearing. April 4, 1929.


Attorney(s) appearing for the Case

Crowell & Rouse and E. Curtis Rouse, all of New York City, for appellants.

Peter Alexander and Edward Ash, both of New York City, for appellees.

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


PER CURIAM.

Decree affirmed.

On Petition for Rehearing.

PER CURIAM.

We did not hold the claimants liable because of the fact that the berth was too shoal and the pier too frail. We thought, and still think, that, although the schooner knew the condition of both the berth where she lay and the pier, she did not know that there was no water off the pier end. King was present when she tried to leave, and actually helped to handle the lines....

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