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NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK

No. 178.

47 F.2d 883 (1931)

NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

March 2, 1931.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash and Max Taylor, both of New York City, of counsel), for appellant.

Arthur J. W. Hilly, Corp. Counsel, of New York City (William J. Leonard and Matthew J. Troy, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

On August 27, 1927, the tug Wonder, navigated by an experienced captain, took a tow of two barges loaded with coal up Newtown Creek from the East River. To reach the barges' destination, it became necessary to pass the Greenpoint bridge, operated by the city of New York. The tow was in tandem formation on short hawsers 15 feet long. The tide was flood and the weather clear. As the tug proceeded up the creek, she made four or five miles an hour...

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