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A. H. BULL S. S. COMPANY v. UNITED STATES

No. 324.

34 F.2d 614 (1929)

A. H. BULL S. S. COMPANY v. UNITED STATES. THE CLARE. THE CHINOOK.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for Bull S. S. Co.

Charles H. Tuttle, U. S. Atty., and Horace M. Gray, Sp. Asst. U. S. Atty., both of New York City, for the United States.

Harry D. Thirkield, of New York City, for appellee National Sugar Refining Co.

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

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

The speed of the Chinook was very slight. She had got only a few hundred feet over the ground when she was struck, and though this proves that she was under way, since she was breasting a substantial tide, it also shows that she could not have acquired much momentum. Her equivocal navigation resulted from her failure to forecast what the course of the Clare was to be; she supposed the vessels would pass starboard...

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