NEW YORK & CUBA MAIL S. S. CO. v. AMER. S. S. O. MUT. P. & I. ASS'N

No. 432.

72 F.2d 694 (1934)

NEW YORK & CUBA MAIL S. S. CO. v. AMERICAN S. S. OWNERS' MUT. PROTECTION & INDEMNITY ASSN, Inc.

Circuit Court of Appeals, Second Circuit.

August 7, 1934.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Oscar R. Houston and Leonard J. Matteson, both of New York City, of counsel), for libelant-appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Cletus Keating and Roger Siddall, both of New York City, of counsel), for respondent-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

Faults in navigation by both ships brought the libelant's steamship Mexico into collision in the harbor at New York with the steamship Hamilton. The master of the Mexico justifiably there incurred expenses of a general average nature. These expenses were stated by average adjustors and cargo contributed accordingly.

Suits against each vessel, in one of which this libelant sued both as owner of the Mexico and bailee of her cargo, were...

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