THE ACADIA

No. 361.

98 F.2d 801 (1938)

THE ACADIA. EXNER SAND & GRAVEL CORPORATION v. EASTERN S. S. LINES, Inc.

Circuit Court of Appeals, Second Circuit.

August 1, 1938.


Attorney(s) appearing for the Case

Maclay & Williams, of New York City (Mark W. Maclay, of New York City, of counsel), for appellant.

John W. Van Gordon, of New York City (Aaron U. Homnick, of New York City, of counsel), for appellee.

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


CHASE, Circuit Judge.

The libellant is the owner of three scows which with three others were, on July 18, 1935, in tow of the tug "Dauntless No. 6" from Port Jefferson, L. I. to New York City loaded with sand and gravel. The tug had them on a bridle hawser and they were held together by tow and cross lines. The weather was clear with good visibility; the wind southwesterly; the sea smooth and the tide at flood. At about 12:35 P.M., the tow was proceeding westerly...

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