O'Brien Bros. v. Davis

HOUGH, Circuit Judge.

We assume the facts as found by the court below in 287 Fed. 543.

In New York Harbor, at 8 p. m., on December 13, 1917, a northeast storm warning was displayed. Shortly after 2 a. m. of December 14th respondent’s tug was engaged in shifting libelant’s barge and other s’imilar craft at Bush’s Piers, Brooklyn — a place well known to be safe «for such operations during even a gale from the northeast, but very dangerous in a northwesterly wind of any severity. While this shifting was- going on the wind changed from a moderate easterly movement to *85a storm of most unusual…