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BARKER v. MOORE & McCORMACK CO.

No. 300.

40 F.2d 410 (1930)

BARKER v. MOORE & McCORMACK CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Roscoe H. Hupper and William J. Dean, both of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Charles T. Cowenhoven, Jr., and Roger B. Siddall, both of New York City, of counsel), for libelant-appellee.

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

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

Without disparaging the attempt the libelant has made to make bad coal share with the rough weather the responsibility for the time taken to complete this voyage, for there is certainly ground for making the claim, it did come a little late. The record discloses no evidence in the ship's log that it occurred to the captain or his officers when the coal was being burned that it was poor. On the whole, it seems...

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