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McALLISTER BROS. v. PENNSYLVANIA R. CO.

No. 186.

118 F.2d 45 (1941)

McALLISTER BROS., Inc., v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

March 3, 1941.

Attorney(s) appearing for the Case

Edmund F. Lamb, of New York City (Purdy & Lamb, of New York City, on the brief), for libelant-appellee.

Chauncey I. Clark, of New York City (Burlingham, Veeder, Clark & Hupper and Frederic Conger, all of New York City, on the brief), for respondent-appellant.

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

CLARK, Circuit Judge.

This libel is brought by McAllister Bros., Inc., to recover for damage to its barge "McAllister No. 69," sustained in New York harbor during the storm of the afternoon of September 21, 1938. The district court found that respondent, the Pennsylvania Railroad Company, which had taken the barge on charter that morning, was negligent in its care of the vessel. The only question on this appeal is the sufficiency of the evidence to support the findings...

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