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THE PANTHER

No. 41.

79 F.2d 625 (1935)

THE PANTHER. THE J. W. BRANNING.

Circuit Court of Appeals, Second Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Lynch & Hagen, of New York City (Charles W. Hagen and Henry C. Eidenbach, both of New York City, of counsel), for appellant.

Purdy & Purdy, of New York City (Edmund F. Lamb, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

On December 9, 1933, the steam tug Panther, belonging to the libelant, was proceeding west in Kill Van Kull, bound for the west side of Pier 6, Elizabethport, to take on coal. At the same time the tug J. W. Branning, with the loaded oil barge Hardy in tow on her starboard side, was proceeding east in the Kill with the tide and bound for Stamford, Conn. The tide was running about two miles per hour. When the Branning was off the iron...

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