The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,021

MEMORANDUM DECISIONS

LIVERPOOL, BRAZIL & RIVER PLATE STEAM NAVIGATION CO.,
Limited, v. BROOKLYN EASTERN DISTRICT TERMINAL. (Circuit Court
of Appeals, Second Circuit. February 13, 1917.) No. 159. Appeal from the
District Court of the United States for the Southern District of New York.
Suit in admiralty by the Liverpool, Brazil & River Plate Steam Navigation
Company, Limited, against the Brooklyn Eastern District Terminal. Decree
for respondent, and libelant appeals. Affirmed. Burlingham, Montgomery &
Beecher, of New York City, for appellant. Park & Mattison, of New York
City, for appellee. Before WARD and ROGERS, Circuit Judges, and LEARN-
ED HAND, District Judge.
PER CURIAM. Decree affirmed, and motion for certification denied.
LYON NON-SKID CO. et al. v. EDWARD V. HARTFORD, Inc. (Circuit
Court of Appeals, Second Circuit. April 26, 1918.) No 2':2 Appeal from the
District Court of the United States for the Southern District of New York.
Suit by the Lyon Non-Skid Company, and the Metal Stamping Company
against Edward V. Hartford, Incorporated. From a decree for complainmant.s
(247 Fed. 524), defendant appeals. Athrmed. Clifford E. Dunn, of New York
City (J. Edgar Bull, of New York City, of counsel), for appellant. Harry L.
Duncan, of New York City (Drury W. Cooper, of New York City, of counsel),
for appellees. Before WARD, ROGERS, and IIOUGH, Circuit Judges.
PER CURIAM. Decree (247 Fed. 524) athrmed, with costs.
OLD DOMINION S. S. CO. v. McNEIIrHIGGINS CO. (Circuit Court of
Appeals, Seventh Circuit. November 13, 1917.) No. 2511. In Error to the
District Court of the United States for the Eastern Division of the Northern
District of Illinois. Action at law by the McNeil-iggins Company against
the Old Dominion Steamship Company for damages for loss of shipment of
coffee. Judgment for plaintiff, and defendant brings error. Affirmed. For
prior opinion, see 235 Fed. 854, 149 C. C. A. 166. Worth E. Caylor, of Chicago,
Ill., for plaintiff in error. Charles A. Butler, of Chicago, Ill., for defendant
in error. Before BAKER, ALSCHULER and EVANS, Circuit Judges.
PER CURIAM. On the previous appeal to this court in this case we held
the question of defendant's liability upon the record at that time before us,
presented issues for the jury to determine. 235 Fed. 854, 149 C. C. A. 166. It
is now contended by plaintiff in error that upon the second trial additional
evidence was received, which made it necessary for the District Court to
grant the motion for a directed verdict. We think otherwise. The testimony
on the second trial did not materially change the important and controlling
facts referred to in the previous opinion. The court properly referred tho
disputed issues to the jury. The other assignments of error urged by plaintitl
in error have been examined by us and all are overruled. We do not believe
their consideration warrants an extended discussion. The judgment is af-
firmed.
THE REBECCA. (Circuit Court of Appeals, Second Circuit. February 13,
1018) No. 131. Appeal from the District Court of the United States for the
Eastern District of New York. Suit in admiralty by the Hudson Towboat
Company against the barge Rebecca; the New York Central Railroad Com-
pany, claimant. Decree for libelant, and claimant appeals. Affirmed. Har-
rington, Bigham & Englar, of New York City, for appellant Alexander & Ash,
of New York City, for appellee Before WARD, ROGERS, and HOUGH, Cir-
cuit Judges.
PER CURIAM. Decree athrmed.

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