Maloy v. Moran Towing & Transp. Co.

L. HAND, Circuit Judge (dissenting).

It -is the only reasonable inference that the fire department came because of the continued blowing of the Andree’s whistle; that was the purpose and the result followed immediately. It makes no more difference that some unknown person turned in an alarm than if the call had been made upon an attendant in an engine-house who relayed it to the chief in charge. While we do not know who gave the order to blow, it is again fair to assume that it was the officer then in command of the ship. At sea the master is always at hand and it may be proper to hold that he…