THE KINETIC

No. 4072.

40 F.2d 258 (1930)

THE KINETIC. THE PHILIP J. KENNY. THE KENCORS. TICE TOWING LINE v. NEW YORK TOWING & TRANSPORTATION CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

March 27, 1930.


Attorney(s) appearing for the Case

Park Mattison & Lynch and Anthony V. Lynch, Jr., all of New York City, for appellant.

Macklin, Brown, Lenahan & Speer, and Single & Single, all of New York City (Horace L. Cheyney, J. Dudley Eggleston, and Carroll Single, all of New York City, and Wilmer H. Eberly, of San Francisco, Cal., of counsel), for appellees.

Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.


WOOLLEY, Circuit Judge.

This case arose out of a collision in Newark Bay between scows in tow of the Steam Tug "Kinetic" and the lighter "Kencors" in tow of the Steam Tug "Philip J. Kenny," causing damage to the lighter and loss of her cargo owned by the Ford Motors Company.

The corporate owner of each tug filed a petition in the District Court to limit its liability to the value of its tug at the time of the collision and each owner, charging the tug of the...

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