FIRESTONE SYNTHETIC FIBERS CO. v. M/S BLACK HERON

No. 170, Docket 28055.

324 F.2d 835 (1963)

FIRESTONE SYNTHETIC FIBERS COMPANY — DIVISION OF The FIRESTONE TIRE & RUBBER COMPANY, Libelant-Appellant, v. M/S BLACK HERON, her engines, etc. and Black Diamond Steamship Corp. v. Sverre HOLMEN, Chief Officer, and Arne Johansen, Carpenter, of the M/S Black Heron, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided November 20, 1963.


Attorney(s) appearing for the Case

George B. Warburton (of Hill, Rivkins, Louis & Warburton), New York City (Joseph T. McGowan, New York City, on the brief), for libelant-appellant.

Tallman Bissell (of Haight, Gardner, Poor & Havens), New York City, for respondents-appellees.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.


PER CURIAM.

Libelant, Firestone Synthetic Fibers Company, appeals from a decree dismissing a libel against respondents for water damage to a shipment of machinery.

The damage occurred when water ballast was introduced through an error of the chief officer into the deep tank in which libelant's cargo was stored rather than into a deep tank that had been kept empty to permit ballasting. One vent of one of the deep tanks was clogged with the residue of tallow...

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