THE JAMES HORAN

No. 5800.

78 F.2d 870 (1935)

THE JAMES HORAN. WARNER-QUINLIN CO. v. SWAN-FINCH OIL CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

July 22, 1935.


Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight and John Milton, both of Jersey City, N. J., and Chauncey I. Clark and William J. Dean, both of New York City, of counsel), for appellant.

Arthur T. Vanderbilt, of Newark, N. J. (Lawrence A. Carton, Jr., of Newark, N. J., on the brief), for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

In this case it appears a barge alleged to have been chartered by the Warner-Quinlin Company, laden with that company's crude oil, was lying along its oil plant with a view to the said company's pumping its oil from the barge to its tanks. While so lying, the barge was struck by lightning. It was in charge of a barge captain who did no act of commission or omission in reference to the fire. We make this basic fact clear, that in what followed...

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