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OSTERHOUDT v. HEDGER TRANSP. CO.

42 F.2d 561 (1930)

OSTERHOUDT v. HEDGER TRANSP. CO., Inc., et al. THE ADAM SCHUMANN. THE FREEDOM. THE BARRYTON. MULQUEEN v. SAME. THE ST. CATHERINE. O'BOYLE v. HEDGER TRANSP. CO., Inc. THE FOGGY DEW.

District Court, S. D. New York.

January 8, 1930.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Edmund F. Lamb, both of New York City, of counsel), for libelants Anthony O'Boyle and Daniel J. Mulqueen.

Single & Single, of New York City (Carroll Single and C. Welmore Robinson, both of New York City, of counsel), for libelant Osterhoudt.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and James McKown, Jr., both of New York City, of counsel), for respondent Hedger Transp. Co.

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

FRANK J. COLEMAN, J.

On November 4, 1926, at about 10:30 a. m., the tug Barryton left Cleveland for Buffalo with the four barges in tow in tandem in the following order: Foggy Dew, St. Catherine, Freedom, and Adam Schumann. They were large wooden box-shaped barges in good condition and properly equipped and were light at the time. At about 6 p. m. the wind had strengthened, and the Lake roughened to a degree that caused the barge men to put the barges on the regular...

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