SARGENT BARGE LINE, Inc.,
v.
THE WYOMISSING.
THE WILLIAM T. ROUSE.
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
April 13, 1942.
April 13, 1942.
Attorney(s) appearing for the Case
Frank C. Mason, of New York City (Mahar & Mason, of New York City, on the brief), for libelant-appellant.
Paul Speer, of New York City (Macklin, Brown, Lenahan & Speer, of New York City, on the brief), for claimant-appellee.
Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
CLARK, Circuit Judge.
In The Rob, 2 Cir., 122 F.2d 312, 313, we reversed a ruling that a summer squall along the Hudson was an inevitable accident excusing a collision of vessels in that river. Judge Swan for the Court quoted from several earlier cases to the effect that "the burden of this defense is heavily upon him who asserts it." We have here a comparable situation, except that it is the ice of winter which the trial court has...
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