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THE OVERBROOK

No. 280.

34 F.2d 620 (1929)

THE OVERBROOK. THE BURRO.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for appellee Pennsylvania R. Co.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee Mott Haven Lighterage Co.

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

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

An experienced trial judge found that the tide set toward the Astoria shore at the place where the collision occurred. Howell, the only disinterested witness on the subject, was of the same opinion. We can see no reason for reaching another conclusion.

Appellant says that, even if the Overbrook's version of the set of the tide was correct, the swing of the Burro's tow was nevertheless not...

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