Palmer v. New York & Lake Champlain Transportation Co.

Herrick, J.:

This case has twice been before the court upon appeal (76 Hun, 181; 88 id. 509). The facts are substantially set forth in the opinion in 88 Hun, .509, and it is *616unnecessary to restate them here. The only-substantial differences that are claimed to exist in the facts now before us from those when last before the court are, ibis claimed, that it now appears that the boats Baker and Cook were racing at the time of the accident, and that also, just prior to the occurrence of the accident, the Cook turned in towards the middle of the channel, thus bringing her hawser across the bow of…