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M. & J. TRACY, INC., v. HEDGER TRANSP. CO., INC.

58 F.2d 770 (1932)

THE FRANK A. BAKER, JR. M. & J. TRACY, Inc., v. HEDGER TRANSP. CO., Inc. THE FREDERICK STARR NO. 11. FREDERICK STARR CONTRACTING CO., Inc., v. HEDGER TRANSP. CO., Inc.

District Court, S. D. New York.

March 9, 1932.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for libelant M. & J. Tracy, Inc.

Macklin, Brown, Lenahan & Speer, of New York City (Carl Vander Clute, of New York City, of counsel), for libelant Frederick Starr Contracting Co., Inc.

Single & Single, of New York City (Thomas H. Middleton, of New York City, of counsel), for respondent.

COXE, District Judge.

I think it was negligence for the tug Ariel to have proceeded beyond Lock 16 in view of the weather conditions existing at that point.

The tow left Buffalo November 23, 1926, or two days before the last day for clearing wooden barges for New York; there was an apparent risk, therefore, that the canal might freeze over before the completion of the trip. The tow reached Lock 17 at Little Falls at 5:30 p. m. on December 1st, after having...

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