MANTON, Circuit Judge.
On May 29, 1930, the motor vessel Herkimer left the New York Barge Terminal on the north side of Gowanus Bay, bound for Constable Hook, N. J. She backed into Gowanus Bay, turned around and started down the bay. Her speed was four or five miles an hour. The weather was clear, tide low, slack water, and no wind. When she reached a point about four hundred feet above the slip on the south side of the pier at Thirty-Third street, Brooklyn, the covered...
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