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PETITION OF ANTHONY O'BOYLE, INC.

No. 219, Docket 20526.

161 F.2d 966 (1947)

Petition of ANTHONY O'BOYLE, Inc., et al. THE FARRAGUT. THE BALTIMORE. THE DALY NO. 38. THE OVERBROOK.

Circuit Court of Appeals, Second Circuit.

Decided June 3, 1947.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, Frederic Conger, and George R. Wagner, all of New York City, of counsel), for petitioner-appellant.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel). for claimant-appellee.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for petitioner-appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

There can be no doubt that the tug Baltimore was grossly negligent. All danger could have been avoided by taking the Daly No. 38 up the port side of the tow, and even the passage up the starboard side could have been safely executed by a master navigating with reasonable care. The master of the Baltimore, knowing of the existence and approximate location of the wreck, used neither a searchlight nor a lookout, although by doing either he could...

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