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CITY OF NEWARK v. MILLS

No. 3992.

35 F.2d 110 (1929)

CITY OF NEWARK v. MILLS et al. THE SOUTH SHORE.

Circuit Court of Appeals, Third Circuit.

October 8, 1929.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight, of Jersey City, N. J., Charles M. Myers, of Newark, N. J., and George G. Tennant, Jr., of Jersey City, N. J., of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City, and McDermott, Enright & Carpenter, of Jersey City, N. J. (Horace L. Cheyney, of New York City, of counsel), for appellee.

Before WOOLLEY, Circuit Judge, and GIBSON and McVICAR, District Judges.

WOOLLEY, Circuit Judge.

The City of Newark agreed for a consideration to furnish William M. Mills and Andrew H. Mills storage space at Port Newark for their fleet of steam excursion boats during the winter of 1926-27. Eight boats were brought in and tied up at the dock as agreed upon. One night the Steamer "South Shore" suddenly began to fill and the next morning she sank without any known reason, blocking the head of the channel and preventing the use of the dock...

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