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THE P. R. R. NO. 216.

No. 211.

56 F.2d 604 (1932)

THE P. R. R. NO. 216. CHRISTIE SCOW CORPORATION v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Paul Tison, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The claimant's lighter was prima facie liable for the collision with the libelant's scow, which was moored at the time. We think that the District Judge was right in holding that the prima facie case so established was not met. The bargee of the lighter left her moored to a tanker on Saturday afternoon, and did not come back until Monday, when, although well made fast, she had got adrift and fouled the scow. It appeared from a statement of the claimant...

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