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THE MICHAEL TRACY

No. 357.

43 F.2d 965 (1930)

THE MICHAEL TRACY. In re M. & J. TRACY, Inc.

Circuit Court of Appeals, Second Circuit.

August 4, 1930.

Attorney(s) appearing for the Case

William F. Purdy, of New York City (William F. Purdy and John E. Purdy, both of New York City, of counsel), for appellants Northwestern Fire & Marine Ins. Co., Switzerland General Ins. Co. of Zurich, Ætna Ins. Co., Globe & Rutgers Fire Ins. Co., and Providence Washington Ins. Co.

Barry, Wainwright, Thacher & Symmers, of New York City (Earle Farwell, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The steamship Michael Tracy collided with the steamship Cape Cod in Hell Gate on February 5, 1927. The latter was sunk, and her cargo became a total loss. The trial judge held that the sole cause of the collision was a sheer by the Cape Cod, and that the Michael Tracy was without fault. He accordingly exonerated the Michael Tracy from all damage arising out of the collision. The cargo underwriters contend that the finding of the trial...

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