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THE ASFALTO

No. 396.

51 F.2d 982 (1931)

THE ASFALTO. THE JOHN ENGLIS. THE RED ASH NO. 3. O'BOYLE v. CARTERET FERRY CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

On Application to Correct Mandate July 28, 1931.

Attorney(s) appearing for the Case

William F. Purdy, of New York City (William F. Purdy and John E. Purdy, both of New York City, of counsel), for appellant Red Ash Towing Line.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt, James McKown, Jr., and W. Parker Sedgwick, all of New York City, of counsel), for appellee Carteret Ferry Corporation.

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

AUGUSTUS N. HAND, Circuit Judge.

No attempt is made to review the decision of the District Court that all three of the colliding vessels were at fault and, upon the merits, equally responsible for the damages resulting from the collision. This appeal presents only the question of the extent of the liability of the Red Ash, and her stipulators for value, because of the fact that no claim has been asserted against the Red Ash except for the damage to the Asfalto.

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