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THE O'BRIEN BROTHERS

14 F.2d 447 (1926)

THE O'BRIEN BROTHERS. CONNETT et al. v. CITY OF NEW YORK et al.

District Court, S. D. New York,

June 1, 1926.

Attorney(s) appearing for the Case

Foley & Martin, of New York City, for libelant.

John P. O'Brien, Corp. Counsel, of New York City (Charles J. Carroll, of Brooklyn, N. Y., of counsel), for the respondent city of New York.

Bigham Englar & Jones, of New York City, for claimant.

Alexander & Ash, of New York City, for respondent John W. Sullivan Co.

KNOX, District Judge.

The damages sustained by libelants' barge Tom arose as a result of the breaking of a link of the starboard chain of the steering gear of the tug O'Brien Brothers, by which she was being towed. The evidence indicates that the break was caused by a latent defect in the chain, not discoverable by inspection. But a few weeks before the accident, a new steering gear for the tug was installed by John W. Sullivan Company, conducting a local repair yard...

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