CONSTRUCTION AGGREGATES CO. v. LONG ISLAND R. CO.

No. 399.

105 F.2d 1009 (1939)

CONSTRUCTION AGGREGATES CO. v. LONG ISLAND R. CO. et al.

Circuit Court of Appeals, Second Circuit.

July 24, 1939.


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 Denney et al.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for Construction Aggregates Co.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Adrian J. O'Kane, both of New York City, of counsel), for Long Island Railroad Co. and the Patchogue.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

This case comes up from a decree in the admiralty holding liable all three vessels concerned in a collision on the night of October 5, 1937, in the East River just above the Brooklyn Bridge. The only appellants are the trustees of the Erie Railroad Co., the owners of the tug, "Chicago", but the owners of the other two vessels filed assignments of error, and the case thus became in substance an appeal...

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