THE FANNY D.

No. 9280.

112 F.2d 347 (1940)

THE FANNY D. THE TEXAS NO. 2. THE CITY OF HOUSTON. EGGERS v. SOUTHERN S. S. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1940.


Attorney(s) appearing for the Case

T. G. Schirmeyer, of Houston, Tex., for appellant.

Jos. M. Rault, of New Orleans, La., and Carl G. Stearns, John R. Brown, and J. Newton Rayzor, all of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


FOSTER, Circuit Judge.

This case presents appeals from two judgments. The cases were tried together in the District Court, have been consolidated by order of that court on appeal, and are brought up on one record. The material facts appearing from the record may be briefly stated.

On the night of October 27, 1937, the barge Texas No. 2, a large steel barge, in tow of the tug Fanny D., collided with the steamship City of Houston, moored to a dock in the harbor...

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