THE M. MATHIESON

No. 31.

35 F.2d 831 (1929)

THE M. MATHIESON. Petition of NEW YORK TRAP ROCK CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 18, 1929.


Attorney(s) appearing for the Case

Park, Mattison & Lynch, of New York City (Anthony V. Lynch, Jr., of New York City, of counsel), for appellant Tice Towing Line.

Frederick W. Park, of New York City, for appellee New York Trap Rock Company.

William F. Purdy, of New York City, for appellees O'Boyle and Brooklyn & Buffalo Navigation Co.

Otto & Lyon, of New York City, for cargo damage claimant.

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


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

This appeal involves pure questions of fact, which have been resolved against the appellant by the trial judge.

On the morning of December 10, 1925, the tug Viatic took in tow, at Ninety-Fifth street, North River, the loaded stone scow M. Mathieson, owned by the New York Trap Rock Corporation and bound for a dock at Harrison, N. J. The Viatic proceeded down the river with the Mathieson, to...

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