OCEAN S. S. CO. v. UNITED STATES

Nos. 53-66.

38 F.2d 782 (1930)

OCEAN S. S. CO. OF SAVANNAH v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 17, 1930.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers and Earle Farwell, all of New York City, for Ocean S. S. Co.

Charles H. Tuttle, U. S. Atty., and Horace M. Gray, Sp. Asst. U. S. Atty., both of New York City.

Bigham, Englar, Jones & Houston, of New York City (T. Catesby Jones, James W. Ryan, and W. J. Nunnally, Jr., all of New York City, of counsel), for appellees Dobson and others.

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


L. HAND, Circuit Judge.

At just ten twenty-four p. m. on the night of September 25, 1925, the steamer, City of Rome, bound from Savannah to Boston, collided with and sank the submarine S.51, then engaged upon an "availability" test, with the loss of all but three of her officers and crew of thirty-six men. This occurred about twelve miles east of Block Island on a clear night, the vessels being within sight of each other for over twenty minutes. The City of Rome had...

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