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NASSAU SAND & GRAVEL CO. v. RED STAR TOWING & TRANSPORTATION CO.

No. 101.

62 F.2d 356 (1932)

NASSAU SAND & GRAVEL CO., Inc., v. RED STAR TOWING & TRANSPORTATION CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 19, 1932.

Attorney(s) appearing for the Case

Single & Hill, of New York City (Christopher E. Heckman and Thomas H. Middleton, both of New York City, of counsel), for appellant.

Purdy & Purdy, of New York City (John E. Purdy and Edmund F. Lamb, both of New York City, of counsel), for libellant-appellee.

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

L. HAND, Circuit Judge.

The respondent does not assert that the tug was not liable for leaving the barge at another berth than that agreed upon. We are therefore concerned only with the duties of the bargee in the circumstances, and how far his faults relieve it. We have held that if he is assured that the berth is safe, and acts upon that assurance, he need not sound. The Eastchester, 20 F.2d 357. If he is so assured, but does not...

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