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SARGENT BARGE LINE v. DAVIS

12 F.2d 784 (1924)

SARGENT BARGE LINE, Inc., v. DAVIS, Director General of Railroads, et al.

District Court, S. D. New York.

January 21, 1924.

Attorney(s) appearing for the Case

Park, Mattison & Lynch, of New York City (Anthony V. Lynch, Jr., of New York City, of counsel), for libelant.

Burlingham, Veeder, Masten & Fearey, of New York City (William J. Dean, of New York City, of counsel), for respondent Director General.

Alexander & Ash, of New York City (Peter Alexander, of New York City, of counsel), for impleaded respondent.

GODDARD, District Judge.

This action was brought to recover damages sustained by the libelant, the owner of the barge Kenneth W. McNeill, which sank at the mooring rack of the Pennsylvania Railroad Company at South Amboy, N. J., during the night of March 1, 1919.

Between 10 and 11 p. m. on March 1, 1919, the libelant's barge McNeill, loaded with 1,200 tons of coal, was shifted by a Pennsylvania Railroad Company tug from

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