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THE K. WHITTELSEY

No. 297.

64 F.2d 340 (1933)

THE K. WHITTELSEY. THE PERSEVERANCE.

Circuit Court of Appeals, Second Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

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

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, of New York City, of counsel), for appellees The Perseverance and another.

Foley & Martin, of New York City, for appellees C. F. Harms Co. and Cleary Bros., Inc.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The tug Perseverance, with the tug George W. Pratt as helper, was south bound on October 23, 1931, with a tow in the Hudson river. A tow in charge of the tug K. Whittelsey, helped by the tug Hustler, was north bound. They met near New Baltimore about twenty miles south of Albany.

At the time and place where they met, the government was dredging a 300-foot channel to a depth of 27 feet to permit...

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