THE AUTHENTIC


37 F.2d 352 (1929)

THE AUTHENTIC. THE TRANSFER NO. 5.

District Court, S. D. New York.

August 31, 1929.


Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Charles R. Millett, of New York City, of counsel), for Bush Terminal Co.

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

Macklin, Brown, Lenahan & Speer, of New York City (G. J. McKernan, of New York City, of counsel), for Goodwin Gallagher Sand & Gravel Co.


WOOLSEY, District Judge.

My decision in this case is that both the Authentic and the Transfer No. 5 are to blame for the collision between car float No. 32 and sand scow GG-70, which is the subject-matter of the first libel. Consequently the costs and damages are to be divided.

It follows that the Goodwin Gallagher Sand & Gravel Company, owner of the sand scow GG-70 is entitled to recover under the second libel against each of the said tugs any damages...

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