THE E. J. BERWIND

No. 169.

74 F.2d 705 (1935)

THE E. J. BERWIND. M. & J. TRACY, Inc., v. CITY OF NEW YORK et al. THE SUMMITVILLE. THE MOTT HAVEN.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.


Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (P. Fearson Shortridge and Willard M. L. Robinson, both of New York City, of counsel), for appellant City of New York.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee Berwind-White Coal Mining Co.

Henry W. Baird, of New York City, for libelant-appellee M. & J. Tracy, Inc.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The tug E. J. Berwind going up the East River on the flood tide and bound ultimately into the Harlem River, had the barge Summitville on her port and the barge Eureka 21 on her starboard side. When about 300 feet off Ninetieth street, Manhattan, the ferryboat Mott Haven collided with the Berwind and her tow. The Mott Haven had left Riker's Island, en route for Blackwells Island, passed Hallet...

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