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EASTERN MASSACHUSETTS STREET RY. CO. v. TRANSMARINE CORP.

No. 2451.

42 F.2d 58 (1930)

EASTERN MASSACHUSETTS STREET RY. CO. v. TRANSMARINE CORPORATION et al.

Circuit Court of Appeals, First Circuit.

June 30, 1930.

Attorney(s) appearing for the Case

Fitz-Henry Smith, Jr., of Boston, Mass., for appellant.

Eugene P. Carver, Jr., of Boston, Mass., and Carroll Single, of New York City (Carver & Schell, of Boston, Mass., and Single & Single, of New York City, on the brief), for appellee Transmarine Corporation.

Albert T. Gould and Edward A. Neiley, both of Boston, Mass. (Blodgett, Jones, Burnham & Bingham, of Boston, Mass., on the brief), for appellee Fore River Coal Co.

Before BINGHAM and WILSON, Circuit Judges, and MORTON, District Judge.

BINGHAM, Circuit Judge (after stating the facts as above).

We are satisfied that, on the evidence, the District Court did not err in finding the libelant was not at fault either in the manner or the means it employed in tying up the vessel to the wharf, or otherwise; that her breaking away was not due to an act of God or any unusual circumstance, either in the character of the weather or of the tide, that could not reasonably have been foreseen and provided against...

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