THE HOLLY PARK

No. 121.

39 F.2d 572 (1930)

THE HOLLY PARK. THE FREDERICK W. UNDERWOOD.

Circuit Court of Appeals, Second Circuit.

March 3, 1930.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Willard M. L. Robinson, both of New York City, of counsel), for appellant Baltimore & O. R. Co.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (J. Harvey Turnure and Eugene F. Gilligan, both of New York City, of counsel), for appellee.

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


CHASE, Circuit Judge.

At about six-forty p. m. on December 31, 1926, the steam tug Frederick W. Underwood and the tramp steamer Holly Park were in collision in the upper bay in the harbor of New York. Each sued the other, and the cases were heard together.

The Underwood, with a loaded car float made fast on either side, left Pier 21 East River at six o'clock p. m. that afternoon, bound for St. George, S. I. She was about one hundred twenty-five feet in length...

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