v0864-335

6

No. 2388

IN THE

United States Circuit Court of Appeals

For the Ninth Circnif

THE SHIPOWNERS AND MERCHANTS'

TUGBOAT COMPANY (a corporation),

owner of the Steam Tugs *^ Dauntless" and

• • Hercules '

Appellant,

vs.

HAMMOND LUMBER COMPANY

(a corporation),

Appellee.

In the Matter of the Petition of the Shipowners and Merchants'

Tugboat Company (a corporation), owner of the Steam Tugs

"Dauntless" and "Hercules", for limitation of liability.

BRIEF FOR APPELLANT.

Statement of Facts.

On the 9th day of September, 1911, at Astoria, Ore-

gon, the Hammond Lumber Company, appellee (claim-

ant below), delivered a large raft of piling to the

master of appellant's tug ** Dauntless", to be towed

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