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THE NO. 1 OF NEW YORK

No. 70.

61 F.2d 783 (1932)

THE NO. 1 OF NEW YORK. THE JAMES WATT.

Circuit Court of Appeals, Second Circuit.

November 14, 1932.

Attorney(s) appearing for the Case

Arthur J. W. Hilly, Corporation Counsel, of New York City (Charles J. Carroll, William J. Leonard, and John T. Condon, all of New York City, of counsel), for appellant.

Alexander, Ash & Jones, of New York City (Edward Ash and Lawson R. Jones, both of New York City, of counsel), for claimant-appellee.

Thomas A. McDonald, of New York City (Franklin M. Depew, of New York City, of counsel), for libelant-appellee.

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

SWAN, Circuit Judge.

By whistle signals, the bridge tender agreed with the tug for passage through the bridge which spans the Harlem River near 225th street, New York City. Thereupon the tug began to maneuver to get into position for the passage. This involved making a turn of 180 degrees. Before this maneuver was completed and after the bridge had been open some six or seven minutes, the bridge tender decided to close the bridge in order to allow a city fire engine...

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