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162 F. 311

Docket No. 253.

The Edwin Terry

Second Circuit Court of Appeals

Decided May 22, 1908.)

Second Circuit Court of Appeals · decided 1908-05-22

<p>Appeal from the District Court of the United States for the Southern District of New York.</p>

2 counsel of record

Relies on The Edwin Terry

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1908-05-22

How this case has been cited

Cited by 3 later decisions — most recently October 1924

1 federal appellate · 2 district ·

10190819101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Appeal from the District Court of the United States for the Southern District of New York.

¶2James J. Macklin and La Roy S. Gove, for appellant.

¶3Amos Van Etten, for appellee.

¶4Before LACOMBE, WARD, and NOYES, Circuit Judges.

¶5PER CURIAM.

¶6This boat is apparently another of the fleet of coal boxes which libelant was running between Edgewater coal docks and the East river. See opinion in the case of the Same Libelant v. The Terry and The Cleary (filed to-day) 162 Fed. 309. At the time of the accident, February 3d, the tug was bringing the coal box empty to Edgewater, having dropped two others at Gutenburg. No objection was made to proceeding with ice in the river. Apparently both parties expected that the boat would often have to be towed un*312der such conditions. As the district judge expressed it, people who navigate the Hudson river at 3 o’clock in the morning of a day in February take their chances of meeting ice, and so far as we'can see none other than the ordinary chances were encountered here.

¶7The decree is affirmed, with costs.

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