THE FRED B. DALZELL, JR.

Nos. 309-312.

1 F.2d 259 (1924)

THE FRED B. DALZELL, Jr. THE H. M. FLAGLER.

Circuit Court of Appeals, Second Circuit.

July 18, 1924.


Attorney(s) appearing for the Case

Macklin, Brown & Van Wyck, of New York City (Horace L. Cheyney, of New York City, of counsel), for Director General of Railroads.

Herbert Green, of New York City, for James McWilliams Blue Line, owner of the barge Blue Gown, and James Fraleigh, master thereof, for James McWilliams Blue Line, owners of scow barges Blue Gown and Blue Ocean, and for owners of barge Tyrone.

Harrington, Bigham & Englar, of New York City, for East River Transp. Co.

Foley & Martin, of New York City, for Thomas F. Farrell, owner of the Temple No. 88.

Courtland Palmer, of New York City (Robert S. Erskine, of New York City, of counsel), for Standard Oil Co., of New York and Standard Transp. Co.

Burlingham, Veeder, Master & Fearey, of New York City (Chauncey I. Clark, of New York City, of counsel), for claimant of steam tug Fred B. Dalzell, Jr.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City, for Standard Oil Co. of New Jersey.

William Hayward, U. S. Atty., of New York City (Charles E. Wythe, Sp. Asst. in Admiralty, of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


ROGERS, Circuit Judge.

These suits are brought in admiralty to recover damages arising from a collision which occurred on August 8, 1918, at about 10:30 a. m.; the weather was clear, the wind light, and the tide was ebb. The collision occurred soon after the steamship H. M. Flagler rounded St. George, Staten Island, N. Y., and entered the Kill von Kull. The vessel had left Stapleton, Staten Island, and was bound for Bayonne, N. J. The Flagler was about 477 feet long...

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