Attorney(s) appearing for the Case
Eugene Underwood, New York City, for petitioner.
Harry F. Stiles, Jr., New Orleans, La. (Deutsch, Kerrigan & Stiles, New Orleans, La., Macklin, Speer, Hanan & McKernan, New York City, Leo F. Hanan, New York City, of counsel), opposed.
Before SWAN, Chief Judge, and L. HAND and CLARK, Circuit Judges.
United States Court of Appeals Second Circuit.
Apparently our opinion was not as clear as we had hoped to make it; we add what we trust will remove any remaining ambiguities.
(1) We repeat our holding that on the present record the plaintiff proved that the dredge had an observable list at 4:30 P.M.; and that this imposed upon the tug the duty to send someone on board to ascertain the reason. We construe the testimony of Thompson as we did before, though we do not now, and we did not before...
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