¶1Appeal from the District Court of the United States for the Eastern District of New York. Libel by the Standard Oil Company, owner of the steamship Muskogee, against the steamship Almora, claimed by A. H. Torb-jarnsen. From a decree dismissing the libel, libelant appeals.
¶2Affirmed.
¶3Kirlin, Woolsey & Hickox, of New York City (R. S. Erskine, of New York City, of counsel), for appellant. Harrington, Bigham & Englar, of New York City (T. Catesby Jones, of New York City, of counsel), for appellee.
¶4Before HOUGH, Circuit Judge, and LEARNED HAND and MAYER» District Judges.
¶6Decree affirmed with costs.
¶7The opinion of Van Yechten Veeder, District Judge, in) the lower court, was as follows: The evidence leaves no doubt in my mind that the Almora was properly moored, and that no neglect of any reasonable precaution may be attributed to her. She broke loose in a hurricane, at a túne when the wind reached a velocity of 75 miles an hour. It seems to me to be a clear case of inevitable accident The libel is dismissed, without costs.