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ROBINS DRY DOCK & REPAIR CO. v. NAVIGAZIONE LIBERA TRIESTINA

No. 204.

32 F.2d 209 (1929)

ROBINS DRY DOCK & REPAIR CO. v. NAVIGAZIONE LIBERA TRIESTINA, S. A.

Circuit Court of Appeals, Second Circuit.

April 8, 1929.

Attorney(s) appearing for the Case

Crowell & Rouse, of New York City (Harold Harper, E. Curtis Rouse, and Murray F. Johnson, all of New York City, of counsel), for appellant.

Loomis & Ruebush, of New York City (Homer L. Loomis, of New York City, of counsel), for appellee.

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

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

The plaintiff had the burden to prove actionable negligence on the part of the defendant, and was not entitled to a verdict simply by showing that the ship went ahead after Healey gave an order to put the engines astern. There was no quick movement and immediate collision after the order was given. About five minutes were available in which to stop the ship. His order and the subsequent movement of the ship...

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