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PENNSYLVANIA R. CO. v. CENTRAL R. R. OF NEW JERSEY

No. 254.

103 F.2d 428 (1939)

PENNSYLVANIA R. CO. v. CENTRAL R. R. OF NEW JERSEY.

Circuit Court of Appeals, Second Circuit.

April 17, 1939.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, Edward L. Smith, and Chauncey I. Clark, all of New York City, for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The libellant's barge, thirty feet wide, was lying moored at the end of Pier No. 8 on the New York shore of the Hudson River, after dark, in an exceedingly dense fog. The claimant's ferry was making her regular trip from Jersey City to her Liberty Street slip, three piers above where the barge lay. The tide was flood; there was no wind. The ferry got lost and struck the barge a heavy enough blow to...

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