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THE L. R. CONNETT NO. 17

No. 83.

54 F.2d 626 (1931)

THE L. R. CONNETT NO. 17. THE MARION MORAN. THE TALISMAN. THE PATCHOGUE. THE CUTCHOGUE. THE CHAUNCEY M. DEPEW.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Andrew J. McElhinney, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and P. Fearson Shortridge, both of New York City, of counsel), for Long Island Tugs.

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

Barry, Wainwright, Thacher & Symmers, of New York City (John C. Prizer, of New York City, of counsel), for L. R. Connett & Co.

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

PER CURIAM.

We find no reason to upset the findings of fact of the District Judge as to what happened on the night in question. While it seems indeed somewhat strange that the tide without the aid of any northwest wind should have swept the floats along the Brooklyn shore, nothing makes it impossible, and the issue was one on which the findings below should certainly prevail. Also as to the seamanship of the tug masters, the testimony being again conflicting, we are...

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