THE OVERBROOK

No. 197.

47 F.2d 593 (1931)

THE OVERBROOK. In re PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

February 16, 1931.


Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and C. B. Manley O'Kelley, both of New York City, of counsel), for Pennsylvania R. Co.

Barnes, McKenna & Halstead, of New York City (Bernard C. McKenna, of New York City, of counsel), for claimant-respondent Louise O. Weischadel, administratrix of Charles Weischadel, Deceased.

John R. McMullen and Foley & Martin, all of New York City, for Cleary.

Alexander, Ash & Jones, of New York City, for appellee Fullerton Barge Co.

Bigham, Englar, Jones & Houston, of New York City (Edward Ash, Max Taylor, and Chas. W. Hagen, all of New York City, of counsel), for appellee National Fireproofing Co.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellees Charles E. Lewis, Anthony O'Boyle and Moore Transp. Co.

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


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

If we forego using what may, perhaps, be no more than knowledge after the event and charge the captain of the Overbrook with no duty to round to after he first saw the obstruction buoy, charge him with no duty to go nearer than 250 feet to the Brooklyn shore before he starboarded to whip his tow in line to make the passage between the drill boat and the Brooklyn side, and charge him with no duty then to do more...

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