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AMERICAN SUGAR REFINING CO. v. CITY OF NEW YORK

Nos. 306, 307.

33 F.2d 97 (1929)

AMERICAN SUGAR REFINING CO. v. CITY OF NEW YORK et al. O'BRIEN BROS., Inc., v. SAME.

Circuit Court of Appeals, Second Circuit.

May 20, 1929.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and A. J. McElhinney, both of New York City, of counsel), for libelant American Sugar Refining Company.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for Shamrock Towing Co., Inc., and the J. J. McGuirl.

Courtland Palmer, of New York City, for appellee Jay Street Terminal.

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for Bouker Contracting Co. and O'Brien Bros., Inc.

George P. Nicholson, of New York City (Charles J. Carroll, of Brooklyn and William J. Leonard, of New York City, of counsel), for City of New York.

John R. McMullen, of New York City, for appellee Scow Subway.

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

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

It neither is, nor can be, claimed that the Brazil, moored as it was, without any power whatever, could have avoided the collision or was in any way at fault. Nor is there any question about O'Brien Bros., Inc., being entitled to salvage for the final picking up and successful tieing up of the scows. We will assume, for the purposes of this case, without deciding, that the Bouker tug negligently left these scows...

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