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THE JOHN E. ENRIGHT

Nos. 268, 269.

40 F.2d 588 (1930)

THE JOHN E. ENRIGHT. THE WILLIAM G. FOX. THE CAPTAIN M. CHAPMAN.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for libelants-appellees.

Stanley & Gidley, of Buffalo, N. Y. (Arthur E. Otten, of Buffalo, N. Y., of counsel), for claimant-appellant.

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

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

We agree with the finding of the District Court that the proximate cause of the collision was the failure of the tug to comply with the rule requiring it to use a towing line no longer than 50 feet when passing into this lock. Had that rule been heeded, the tug would have been near enough to the barges to have controlled their drift in the current and prevented the damage. The captain of the tug as much as admitted...

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