MATTER OF HEDGER COMPANY, 63 F.2d 1021 (2nd Cir. 1933)

In the Matter of the Petition of W.E. HEDGER COMPANY, Inc., as Owner of THE Steam Tug NAT SUTTON for limitation of liability. David E. LEACH, as Owner of THE Barge BLOOMFIELD, Libelant-Appellee, v. HEDGER TRANSPORTATION COMPANY, Inc., and The Steam Tugs Nat Sutton and THE HOLBROOK, Respondent-Appellants. CANADA ATLANTIC GRAIN EXPORT COMPANY, Inc., Libelant-Appellee, v. HEDGER TRANSPORTATION COMPANY, Inc., The Steam Tug Nat Sutton, The Barge Bloomfield, and THE Barge ARTHUR L. HABER, Respondents-Appellants.

No. 15.Circuit Court of Appeals, Second Circuit.
March 6, 1933.

Appeal from the District Court of the United States for the Eastern District of New York.

On rehearing.

For former opinion, see 62 F.2d 787.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

Upon reconsideration, we are of the opinion that, although the transportation company did assign error to the failure to hold the Sutton primarily liable, no assignment was sufficient to put in issue on appeal the Sutton’s right to limit liability. Nor did the Hedger Company assign error on that point as it had a favorable decision below. Since neither Leach nor Canada-Atlantic filed any assignments at all, the Sutton’s right to limitation was not raised, and accordingly our mandate will be amended by striking out that part which denies limitation to the Sutton.

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