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258 F. 238

Docket No. 217.

The Rosabel

Second Circuit Court of Appeals

Decided May 14, 1919.)

Second Circuit Court of Appeals · decided 1919-05-14

<p>Towage. <&wkey;ll(9) — Injury to Tow — Liability op Tug.</p> <p>Injury to a tow in rough weather held not due to violation or negligent performance of the towage contract, which rendered the tug liable.</p>

2 counsel of record

Affirmed · Opinion by (per_curiam) · Decided 1919-05-14

¶1Towage. <&wkey;ll(9) — Injury to Tow — Liability op Tug.

¶2Injury to a tow in rough weather held not due to violation or negligent performance of the towage contract, which rendered the tug liable.

¶3Appeal from the District Court of the United States for the Eastern District of New York.

¶4Suit in admiralty by Nicola Capiello against the steam tug Rosabel; George W. Wilson, claimant. Decree for respondent, and libelant appeals.

¶5Affirmed.

¶6John A. Anderson, of New York City, for appellant.

¶7Macklin, Brown & Purdy, of New York City (William F. Purdy, of New York City, of counsel), for appellee.

¶8Before WARD, HOUGH, and MANTON, Circuit Judges.

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