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LEHIGH VALLEY RAILROAD COMPANY v. THE RUSSELL NO. 1

No. 20062.

163 F.Supp. 459 (1958)

LEHIGH VALLEY RAILROAD COMPANY, Libelant, v. THE RUSSELL NO. 1 and Russell Bros. Towing Co., Inc., Claimant-Respondent. and The City of New York, Respondent-Impleaded.

United States District Court E. D. New York.

July 21, 1958.

Attorney(s) appearing for the Case

Pyne, Brush, Smith & Michelsen, New York City, by Warner Pyne and Albert Robin, New York City, of counsel, for libelant.

Alexander, Ash & Schwartz, New York City, by Edward Ash, New York City, of counsel, for claimant respondent.

Peter Campbell Brown, Corporation Counsel, by James W. Fay, Asst. Corporation Counsel, New York City, for City of New York.

RAYFIEL, District Judge.

The libelant, owner of the Gas Hoist Lehigh Valley 476, hereinafter referred to as the L. V. 476, brought this action to recover for the damage sustained by it and for the loss of or damage to its cargo on July 7, 1952, by reason of the negligence of the claimant-respondent's Tug Russell No. 1, while being towed by her. The claimant-respondent has impleaded the City of New York, the owner of the property adjacent to the scene of the occurrence...

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