THE BUFFALO

No. 174.

56 F.2d 738 (1932)

THE BUFFALO. GREASON, SON & DALZELL, Inc., v. ERIE R. CO. THE PRESIDENT.

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 Adrian J. O'Kane, both of New York City, of counsel), for appellants owners of the barge President.

Wm. F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for libelant-appellee Greason, Son & Dalzell, Inc.

Park, Lynch & Hagen, of New York City (Anthony V. Lynch, Jr., of New York City, of counsel), for claimant-respondent-appellee.

Alexander, Ash & Jones, of New York City (Edward Ash and Lawson R. Jones, both of New York City, of counsel), for libelant-appellee Fuel Transportation Co., Inc., and another.

Single & Single, of New York City (Thomas Hazelhurst Middleton, of New York City, of counsel), for Rubel Coal & Ice Corporation, as owner of the cargo of coal laden on the barge Transportation No. 50.

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


CHASE, Circuit Judge (after stating the facts as above).

The fact that the President sank at her berth raised a presumption of unseaworthiness which she had to rebut to escape liability for damage to her own cargo. The Jungshoved (C. C. A.) 290 F. 733; The Harper No. 145 (C. C. A.) 42 F.2d 161. Her failure to rebut that presumption fixed her liability for the damage to that.

The damage to the No. 50 and her cargo was caused...

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