THE PONTIN BROTHERS


42 F.2d 556 (1930)

THE PONTIN BROTHERS. In re PONTIN LIGHTERAGE & TRANSPORTATION CORPORATION.

District Court, E. D. New York.

March 15, 1930.


Attorney(s) appearing for the Case

E. C. Sherwood, of New York City (William L. O'Brion, of New York City, of counsel), for petitioner.

Edward J. McCrossin, of New York City, proctor (William F. Purdy, of New York City, of counsel), for claimant.


CAMPBELL, District Judge.

The question of the right to limit liability was first tried, and, at the conclusion of the trial, the claimant Mathisen moved to dismiss, on the ground that the petitioner had failed to show due diligence to make the boat seaworthy, and had failed to show that the boat was in fact seaworthy.

The steam lighter Pontin Brothers and her engines were, on July 17, 1928, in good condition, she was properly equipped, carried a sufficient...

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