NEW YORK, N. H. & H. R. CO. v. ERIE R. CO.

The No. 133, No. 241, Docket 22325.

197 F.2d 148 (1952)

NEW YORK, N. H. & H. R. CO. v. ERIE R. CO.

United States Court of Appeals, Second Circuit.

Decided June 2, 1952.


Attorney(s) appearing for the Case

Edward R. Brumley, New York City, for appellee, R. M. Peet, New York City, of counsel.

Hagen, Senecal & Eidenbach, New York City, for appellant, Charles W. Hagen and Nelson J. Johnson, New York City, of counsel.

Before SWAN, CHASE and CLARK, Circuit Judges.


PER CURIAM.

The No. 133 was in good condition when she was moored outside the string of five barges in the slip and when the Waverly's captain ran that tug's engines at half speed to clear out the ice he knew there was danger from hard ice between the barges. He could, and should, have seen that the barges were being rocked together by the agitation of the water he caused and, indeed, as his tug left the slip after its engines had been worked for three quarters of...

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