New York Marine Co. v. Mulligan

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

Mulligan, as owner of the seow, had complied with the statute by notifying the Lighthouse Department to mark the wreck, so that he was rightly freed from any liability. The Plymouth (C. C. A.) 225 F. 483; Red Star Towing & Transportation Co. v. Woodburn (C. C. A.) 18 F.(2d) 77. The only question is as to the liability of Merritt-Chapman & Scott Corporation.

The contract of the wrecking company to raise the seow was personal, and the failure to continue to perform it when the scow went adrift was a matter in which no one but…