THE J. B. AUSTIN, JR.


33 F.2d 215 (1929)

THE J. B. AUSTIN, JR. CONTINENTAL GRAIN CO. v. SCOTT BROS. CONST. CO., Inc., et al.

District Court, S. D. New York.

April 30, 1929.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, of New York City, for libelant.

Macklin, Brown, Lenahan & Speer, of New York City, for claimant.

Hubbell, Taylor, Goodwin & Moser, of Rochester, N. Y., for respondent Scott Bros. Const. Co., Inc.


FRANK J. COLEMAN, District Judge.

Libelant was the owner and shipper of a cargo of grain, which was being transported through the Erie Barge Canal on the canalboat Willis E. Knapp, in tow of the tug J. B. Austin, Jr. Respondent William Hallenbeck was the owner of the Willis E. Knapp and the master of the tug J. B. Austin, Jr. He was also the party with whom libelant made the contract of carriage.

During the trial I dismissed the libel as against the Scott...

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