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THE PERSEVERANCE

49 F.2d 785 (1930)

THE PERSEVERANCE. SHAMROCK TOWING CO. Inc., v. CORNELL STEAMBOAT CO.

District Court, S. D. New York.

December 24, 1930.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash, of New York City, of counsel), for libelant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and H. P. Elliott, both of New York City, of counsel), for respondent.

CAFFEY, District Judge.

The determining issues of fact in this case are, first, whether there was negligence on the part of the tug Perseverance or the respondent company; and, secondly, if so, whether such negligence proximately caused the injury complained of to the brick scow Green Valley.

The items or specifications of negligence are alleged in paragraph 6 of the libel. They are twelve in number. Some I shall not discuss in detail, because in the proof...

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