HENRY DU BOIS SONS CO. v. PENNSYLVANIA R. CO.

Nos. 125, 145, 146.

47 F.2d 172 (1931)

HENRY DU BOIS SONS CO. v. PENNSYLVANIA R. CO. THE MERCER. WALLING et al. v. PENNSYLVANIA R. CO. (two cases). THE P. R. R. No. 32 et al. THE MARGARET G.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.


Attorney(s) appearing for the Case

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for libelant-appellee.

Single & Single, of New York City (Wm. J. Mahar, of New York City, of counsel), for libelants-appellants.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for appellee Pennsylvania R. Co.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

Although the evidence is rather meager, the conclusion is inescapable that the Margaret G did, when she sank, slide out under the dredge, and, by hitting the spud, do the damage occasioned the dredge. The Mercer tied her up Sunday morning. We may assume that her leaking condition made this necessary, but, of course, there was no immediate danger of her then sinking, and the

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