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THE PATRICK A. DEE

Nos. 373, 374.

50 F.2d 393 (1931)

THE PATRICK A. DEE. THE HENRY AND MARION. THE NEW YORK CENTRAL NO. 16. MULQUEEN v. NEW YORK CENT. R. CO. THE MARGARET M. FEELEY. CODY v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

June 8, 1931.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellants.

Bigham, Englar, Jones & Houston and Jacob Aronson, all of New York City (A. J. McElhinney and K. O. Mott-Smith, both of New York City, of counsel), for appellees.

Before MANTON, SWAN, and CHASE, Circuit Judges.

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

The claimant prevailed in the District Court on the ground that the collision was the result of an inevitable accident. If the failure of the No. 16 to observe and make ready for the approaching storm could be laid aside, we should be able to agree for it is apparent that both tugs were, to avoid a collision, helpless and the situation hopeless as soon as the wind attained its maximum velocity. But the previous...

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