CALZAVARO v. PLANET S. S. CORPORATION

No. 2797.

31 F.2d 885 (1929)

CALZAVARO v. PLANET S. S. CORPORATION et al.

Circuit Court of Appeals, Fourth Circuit.

April 9, 1929.


Attorney(s) appearing for the Case

Homer L. Loomis, of New York City (Loomis & Ruebush, of New York City, and Hughes, Vandeventer & Eggleston, of Norfolk, Va., on the brief), for appellant.

Horace L. Cheyney and Paul L. Clugston, both of New York City (Kelsey & Jett, of Norfolk, Va., Macklin, Brown, Lenahan & Speer, of New York City, R. Arthur Jett, Jr., of Norfolk, Va., Richard F. Lenahan and Barry, Wainwright, Thacher & Symmers, all of New York City, Baird, White & Lanning, of Norfolk, Va., John C. Prizer, of New York City, and George M. Lanning, of Norfolk, Va., on the brief), for appellees.

Before WADDILL, Circuit Judge, and McDOWELL and MEEKINS, District Judges.


McDOWELL, District Judge (after stating the facts as above).

After much consideration of a very unsatisfactory mass of evidence, we have reached the conclusion that the sole responsibility for the injury to the Corvus lies on the towing company. In particular we are of opinion that the fault was on the part of the mate in charge of the tug Agnes Moran.

Tugs so powerful as to be able unaided to carry a ship from the east side to the west side of Erie Basin...

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