THE CONSORT


49 F.2d 406 (1931)

THE CONSORT. UNITED STATES v. NATIONAL FIRE INS. CO. et al.

District Court, S. D. New York.

February 19, 1931.


Attorney(s) appearing for the Case

Robert E. Manley, Acting U. S. Atty., and Charles H. Wythe, Sp. Asst. U. S. Atty., both of New York City.

Bigham, Englar, Jones & Houston, of New York City (M. Detels and C. W. Harvey, both of New York City, of counsel), for respondents.


FRANK J. COLEMAN, District Judge.

There are presented only questions of fact, whether the cargo steamer Consort was seaworthy when she commenced her voyage and, if not, whether due diligence had been used to make her so. She left New York for La Pallice, France, on July 2, 1920, and within 18 hours four tubes of her starboard boiler were found blistered. When less than 2½ days out, other tubes in both boilers were found...

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