NEW YORK MARINE CO. v. MULLIGAN

No. 147.

31 F.2d 532 (1929)

NEW YORK MARINE CO. v. MULLIGAN et al.

Circuit Court of Appeals, Second Circuit.

March 18, 1929.


Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and James McKown, Jr., both of New York City, of counsel), for appellant Merritt-Chapman & Scott Corporation.

John R. McMullen and Macklin, Brown, Lenahan & Speer, all of New York City (Horace L. Cheyney and J. D. Eggleston, both of New York City, of counsel), for John G. Mulligan, respondent appellee.

Frederick W. Park, of New York City, for New York Marine Company, libelant appellee.

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


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

Mulligan, as owner of the scow, had complied with the statute by notifying the Lighthouse Department to mark the wreck, so that he was rightly freed from any liability. The Plymouth (C. C. A.) 225 F. 483; Red Star Towing & Transportation Co. v. Woodburn (C. C. A.) 18 F.2d 77. The only question is as to the liability of Merritt-Chapman & Scott Corporation....

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