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THE ARABIC

No. 215.

50 F.2d 96 (1931)

THE ARABIC.

Circuit Court of Appeals, Second Circuit.

June 1, 1931.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Paul Tison, both of New York City, of counsel), for appellant.

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson, of New York City, of counsel), for appellee Clayton.

Haight, Smith, Griffin & Deming, of New York City (James McKown, Jr., of New York City, of counsel), for appellee Borton.

Loucks, Connet & Cullen, of New York City (J. Harvey Turnure and Dorman T. Connet, both of New York City, of counsel), for appellee McCague.

Joseph P. Nolan, of New York City (Frank T. Hendl, of New York City, of counsel), for appellee Schmid.

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

SWAN, Circuit Judge.

The facts out of which this proceeding arose and upon which the District Court predicated fault on the part of the vessel and her owner are stated in the opinion of Judge Thacher, reported under the title of The Arabic (D. C.) 34 F.2d 559. It is unnecessary to repeat them here. He held that the question of faulty navigation depended upon what the navigators of the Arabic knew, or should have known, of the approach...

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