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CITY OF CLEVELAND v. McIVER

No. 8035.

109 F.2d 69 (1940)

CITY OF CLEVELAND v. McIVER et al.

Circuit Court of Appeals, Sixth Circuit.

January 16, 1940.

Attorney(s) appearing for the Case

Neil P. Beall, of Cleveland, Ohio (Alfred Clum, Arthur E. Griffith, McKeehan, Merrick, Arter & Stewart, and George William Cottrell, all of Cleveland, Ohio, on the brief), for appellant city of Cleveland.

L. C. Hinslea and Meyer A. Cook, both of Cleveland, Ohio (Hill, Hamblen, Essery & Lewis, of Detroit, Mich., and Duncan, Leckie, McCreary, Schlitz & Hinslea, of Cleveland, Ohio, on the brief), for appellee Nicholson Transit Co.

Meyer A. Cook and Howell Leuck, both of Cleveland, Ohio, for appellee Bridget McIver.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The steamer Fleetwood, attempting to avoid collision with the Center Street Bridge over the Cuyahoga River at Cleveland, Ohio, when aware that its signal for the opening of the draw was being ignored, reversed its engines. The result was that her stern swung to port, collided with and damaged the fish tug Babe moored at a city dock. The owner of the tug filed a libel against the steamer and its owners...

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