WILLIAM LYALL SHIPBUILDING CO. v. UNITED STATES

No. 190.

31 F.2d 937 (1929)

WILLIAM LYALL SHIPBUILDING CO. v. UNITED STATES. THE CAP NORD.

Circuit Court of Appeals, Second Circuit.

April 1, 1929.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., and Horace M. Gray, both of New York City, Sp. Asst. U. S. Atty.

Chauncey I. Clark, Stanley R. Wright, and Burlingham, Veeder, Fearey, Clark & Hupper, all of New York City, for appellee.

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


PER CURIAM.

Substantially all the proof in this case was by deposition, and we are therefore as free as the learned trial judge to deal with the evidence. The case turns wholly upon questions of fact. The Cap Nord argues that, although she yawed in the tide and moved forward and to port into collision, she did not have her engine connected with her propeller, and that her movement was involuntary and not a fault. On the other hand, she contends that the Kehuku, in...

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