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THE CRISTOBAL COLON

36 F.2d 825 (1929)

THE CRISTOBAL COLON. THE SEA KING. O'BRIEN BROS., Inc., v. COMPANIA TRASATLANTICA et al.

District Court, S. D. New York.

December 14, 1929.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and John R. Stewart, both of New York City, of counsel), for libelant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for the Cristobal Colon.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Eugene Underwood, Jr., of New York City, of counsel), for impleaded respondent.

WOOLSEY, District Judge.

My decision in this case is that the libel must be dismissed, with costs as against the libelant, which are given both to the claimant of the steamship Cristobal Colon and to the respondents impleaded.

This case involves a question of the identity of the steamship with which the collision is alleged to have occurred.

I do not believe the story of the libelant's witnesses.

Where, as here, there was not any notice given...

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