The S. & H. No. 2, Inc.

AUGUSTUS N. HAND, Circuit Judge.

On February 26, 1938, the libellant’s tug, S. & H. No. 2, was proceeding up the East River, with a scow in tow on hawsers. When she turned to land at the pier at the foot of Roosevelt Street, Manhattan, to pick up another barge, she was struck by a carfloat, in tow of the claimants’ tug Lackawanna, which had been coming up astern between her and the Manhattan shore. The trial judge held that the case was one of special circumstances and granted an interlocutory decree to the libellant but only awarded half damages on the ground that each party was negligent for…