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THE PROVIDENCE

No. 56.

67 F.2d 865 (1933)

THE PROVIDENCE. THE ELMHURST. NEW ENGLAND S. S. CO. v. CITY OF NEW YORK. CITY OF NEW YORK v. NEW ENGLAND S. S. CO.

Circuit Court of Appeals, Second Circuit.

December 4, 1933.

Attorney(s) appearing for the Case

Arthur J. W. Hilly, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., and John T. Condon, of New York City, of counsel), for appellant.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and W. Parker Sedgwick, both of New York City, of counsel), for respondent.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This appeal is by the city of New York, owner of the ferryboat Elmhurst. The suit was brought in admiralty by the New England Steamship Company, owner of the steamer Providence, to recover damages from the city of New York caused by a collision with her through the negligent navigation of the Elmhurst. The trial judge held the city of New York liable, and entered an interlocutory decree accordingly, sending the cause to a commissioner...

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