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FIX v. INTERNATIONAL BRIDGE CO.

No. 144.

117 F.2d 137 (1941)

FIX v. INTERNATIONAL BRIDGE CO.

Circuit Court of Appeals, Second Circuit.

January 27, 1941.

Attorney(s) appearing for the Case

Stanley & Otten, of Buffalo, N. Y. (Arthur E. Otten, of Buffalo, N. Y., of counsel), for appellant.

Moot, Sprague, Marcy & Gulick, of Buffalo, N. Y. (Welles V. Moot and Leonard W. M. Zingler, both of Buffalo, N.Y., of counsel), for appellee.

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

L. HAND, Circuit Judge.

The libellant appeals from a decree dismissing a libel to recover damages for injuries to his ferry by a collision with the respondent's bridge across the Niagara River below the City of Buffalo. He based liability upon a provision of twin statutes of New York and the Dominion which granted a franchise to build the bridge, and the only question which we shall consider is whether the respondent violated the duty imposed upon it as a condition...

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