NEW YORK, NEW HAVEN AND HARTFORD R. CO. v. GRAY

No. 86, Docket 24187.

240 F.2d 460 (1957)

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Libelant-Appellant, v. William Stanger GRAY, one of the Lloyd's underwriters, and Orion Insurance Company, Ltd., Insurance Company Member of the Institute of London Underwriters, Respondent-Appellees.

United States Court of Appeals Second Circuit.

Decided January 16, 1957.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, Edward L. Smith, New York City, for libelant-appellant.

Dow & Symmers, New York City, for respondent-appellees, Daniel L. Stonebridge and Raymond W. Mitchell, New York City, of counsel.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


FRANK, Circuit Judge.

The trial judge denied recovery because he held that the loss incurred was not caused by any "peril of the seas." As his findings show, the loss occurred as follows: The "sea" (i.e., water from the river) leaked into the carfloat; this caused the vessel to list and settle; this, in turn, caused some of the railroad's cars and their cargo to slide into the river; then the vessel lurched and other cars and their cargo also fell into the...

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