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THE LEXINGTON

Nos. 389, 390.

79 F.2d 252 (1935)

THE LEXINGTON. NEW YORK, N. H. & H. R. CO. v. COLONIAL NAV. CO. THE TRANSFER NO. 15. COLONIAL NAV. CO. v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

August 12, 1935.

Attorney(s) appearing for the Case

Duncan & Mount, of New York City (H. W. Dieck, Jr., and C. R. Millett, both of New York City, of counsel), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for appellee Colonial Navigation Co.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The libelant's tug, Transfer No. 15, with loaded car floats on either side which were each 357 feet long and extended about 200 feet forward of the tug's bow, was, in the early morning of February 7, 1929, somewhat west of North Brother Island in the East River on her way to the libelant's float bridges at Oak Point on the Bronx shore to the north of North Brother Island. A ferryboat overtook and passed her to port while she stopped her engines...

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