STERNBERG DREDGING CO. v. MORAN TOWING & TRANSP. CO.

No. 57, Docket 22100.

196 F.2d 1002 (1952)

STERNBERG DREDGING CO. v. MORAN TOWING & TRANSP. CO., Inc.

United States Court of Appeals Second Circuit.

Decided May 13, 1952.


Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, by Deutsch, Kerrigan, & Stiles, New Orleans, La., Harry F. Stiles Jr., New Orleans, La. (Leo F. Hanan, New York City, of Counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, New York City, Eugene Underwood, New York City (Chauncey I. Clark, John L. Belford, New York City, counsel), for defendant.

Before SWAN, Chief Judge, L. HAND and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The opinion1 in this case states the evidence in detail, together with the substance of what the judge found, and we shall assume an acquaintance with it in what we have to say. The appeal raises three main questions: (1) whether the finding should stand that at 4:30 when the master, Beale, and the first mate, Thompson, went aft with their binoculars, they decided that the dredge was on an even keel; (2) whether...

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