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THE WOLLASTON

62 F.Supp. 284 (1945)

THE WOLLASTON. THE BERMUDA.

District Court, S. D. New York.

April 25, 1945.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for libellant.

Bigham, Englar, Jones & Houston, of New York City (Charles A. VanHagen, Jr., of New York City, of counsel), for claimant.

CAFFEY, District Judge.

The action sounds in negligence. The essence of the libellant's statement of its claim is in paragraphs third and fourth of the libel.

At the inception, we should note what is the function of a presumption of negligence. This is well described in Southgate v. Eastern Transp. Co., 4 Cir., 21 F.2d 47. The court made the following statement (21 F.2d at page...

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