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THE JAMES McCUE

37 F.2d 934 (1930)

THE JAMES McCUE. THE P. R. R. NO. 35. O'BOYLE v. CITY OF NEW YORK.

District Court, S. D. New York.

February 3, 1930.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for libelant.

Arthur J. Hilly, Corporation Counsel, of New York City (William J. Leonard and Matthew J. Troy, both of New York City, of counsel), for City of New York.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Stanley R. Wright, of New York City, of counsel), for Pennsylvania R. Co.

WOOLSEY, District Judge.

My decision in this case is that the libelant shall recover its damage from the city of New York with costs, and that the libel as against the tug P. R. R. No. 35 shall be dismissed without costs.

At the conclusion of the trial on December 18, 1929, I said that, whilst I was not prepared to decide the liability as between the three parties at that time, I was prepared to state that I believed the story of the libelant's barge captain...

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