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WESTCHESTER FIRE INS. CO. v. PENNSYLVANIA R. CO.

No. 232.

96 F.2d 133 (1938)

WESTCHESTER FIRE INS. CO. OF NEW YORK v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

April 18, 1938.

Attorney(s) appearing for the Case

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

Thomas A. McDonald, of New York City, for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal from an interlocutory decree holding the Pennsylvania Railroad Company liable for cargo damage resulting from the sinking of a barge laden with coal. Libelant is an underwriter asserting by subrogation the rights of the insured owner of the coal.

We must accept the District Court's finding that negligence of a Pennsylvania tug so damaged the coal barge Anthony as to cause her to leak. The bargee gave positive testimony...

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