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MERRITT, CHAPMAN & SCOTT CORPORATION v. TEXAS CO.

No. 374.

98 F.2d 719 (1938)

MERRITT, CHAPMAN & SCOTT CORPORATION v. TEXAS CO. et al. TEXAS CO. v. ARUNDEL CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

July 18, 1938.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for Arundel Corporation.

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

Haight, Griffin, Deming & Gardner, of New York City (Henry M. Hewitt and James McKown, Jr., both of New York City, of counsel), for Merritt, Chapman & Scott Corporation.

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

L. HAND, Circuit Judge.

This appeal is from a decree in the admiralty holding jointly liable the motorship, "Newark", and the tug, "Furst", for a collision in the Kill van Kull on the night of May 29, 1936. Only the Arundel Co., owner of the "Furst", has appealed, but as the Texas Co., owner of the "Newark", has filed cross assignments, it too is in the position of appellant. The judge held both boats at fault and divided the damages. The facts were as follows. A...

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