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SHAMROCK TOWING CO. v. CITY OF NEW YORK

No. 303.

32 F.2d 684 (1929)

SHAMROCK TOWING CO., Inc., v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellant Flannery Towing Line.

George P. Nicholson, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and William A. Walling, of New York City, of counsel), for appellant city of New York.

Single & Single, of New York City (Wm. J. Mahar, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellee recovered below for damages to its scow Green Bay, which, while loaded with city ashes and rubbish, caught fire and burned. This scow, with the city's department of street cleaning scow No. 56, was in tow of the tug Joseph J. Flannery, owned and operated by the appellant Flannery Towing Line, Inc., and both were loaded, having received their cargo at the Stanton street dump at 6:10 on the morning of April 15, 1926. The ashes were wet...

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