THE NAT SUTTON

No. 15.

62 F.2d 787 (1933)

THE NAT SUTTON. THE BLOOMFIELD. THE HOLBROOK. THE ARTHUR L. HABER. In re W. E. HEDGER CO., Inc. LEACH v. HEDGER TRANSP. CO., Inc. CANADA ATLANTIC GRAIN EXPORT CO., Inc., v. SAME.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for petitioner W. E. Hedger Co., Inc., Owner of Tug Nat Sutton.

Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Richard F. Shaw, both of New York City, of counsel), for libelant and claimant-appellee David E. Leach.

Otto & Lyon, of New York City (Henry E. Otto and George V. A. McCloskey, both of New York City, of counsel), for libelant-appellee Canada Atlantic Grain Export Co.

Single & Hill of New York City (Forrest E. Single and George B. Warburton, both of New York City, of counsel), for Transportation Co.

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


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

The District Court found, without indicating on just what it predicated its conclusion, that the damage to the Bloomfield and its cargo was caused by the negligence of the Sutton. There is no reason to believe that conditions prevailing in the canal at the time and place of the grounding of the Bloomfield were other than those usually encountered by such a tug with such...

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