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THE PERSEVERANCE

Nos. 220, 221.

63 F.2d 788 (1933)

THE PERSEVERANCE. THE WINNETOU.

Circuit Court of Appeals, Second Circuit.

March 6, 1933.

Attorney(s) appearing for the Case

Crowell & Rouse, of New York City (E. Curtis Rouse, of New York City, of counsel), for the steamship Winnetou.

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

Courtland Palmer, of New York City, for libelant.

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

L. HAND, Circuit Judge.

The steamer Winnetou with a cargo of molasses, consigned to the Fleischmann Company, came to anchor in the fairway of the Hudson river off Peekskill on November 25, 1928. The customary anchorage for vessels of her draught, which were obliged to use the fairway — there being no anchorage ground — was considerably to the south and east of that selected by the pilot who had her in charge. Her precise position was in dispute and the...

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