THE ARABIC


34 F.2d 559 (1929)

THE ARABIC. Petition of OCEANIC STEAM NAV. CO., Limited.

District Court, S. D. New York.

July 31, 1929.


Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and John K. Hartley, both of New York City, of counsel), for petitioner and steamship.

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar, Harold A. Content, and Leonard J. Matteson, all of New York City, of counsel), for claimant Clayton.

Haight, Smith, Griffin & Deming, of New York City (James McKown, Jr., of New York City, of counsel), for claimant Borton.

Loucks, Griffin, Connet & Cullen, of New York City (J. Harvey Turnure and Dorman T. Connet, both of New York City, of counsel), for claimant McCague.

Lee, Smyth & Wise, of New York City (Eugene M. Strouss, of New York City, of counsel), for claimant Taube.

Joseph P. Nolan, of New York City, for claimant Schmid.

John J. McGinty, of New York City, for claimant Finnegan.


THACHER, District Judge (after making the foregoing statement).

Fault is charged in the navigation of the Arabic because the course she sailed brought her into shoal waters in the face of an approaching storm. Hindsight must not influence decision. The question is whether danger could and should have been foreseen and avoided in the exercise of due care. Under ordinary conditions, and even in very stormy weather, it was not bad seamanship for the Arabic to proceed...

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