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CORBY v. RAMSDELL

No. 262.

48 F.2d 701 (1931)

CORBY v. RAMSDELL et al.

Circuit Court of Appeals, Second Circuit.

April 13, 1931.

Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Russell T. Mount, of New York City, of counsel), for appellants.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The question before us is whether the respondents, owners of land under water on the easterly side of the Hudson river, should be held liable for damages sustained by libelant's yacht Robaliss III as a result of her striking a submerged rock or rocks off Dennings Point while she was proceeding from New York City to Beacon.

The rocks were a part of an old stone abutment constructed by a railroad company on water lots which it...

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