THE EL SOL


45 F.2d 852 (1930)

THE EL SOL. Petition of SOUTHERN PAC. CO. THE SAC CITY. Petition of UNITED STATES.

District Court, S. D. New York.

November 3, and 19, 1930.


Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Eugene Underwood, both of New York City, of counsel), for the El Sol.

Charles E. Wythe, U. S. Atty., of New York City (Harold F. Birnbaum, of New York City, of counsel), for the Sac City.

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar, L. J. Matteson, and Andrew J. McElhinney, all of New York City, of counsel), Carter, Ledyard & Milburn, of New York City (Rush Taggart, of New York City, and D. H. Stanley, of Washington, D. C., of counsel), Single & Single, of New York City (H. T. Atkins, of New York City, of counsel), and Slayton & Jackson, of New York City, for cargo on El Sol.

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar, L. J. Matteson, and Andrew J. McElhinney, all of New York City, of counsel), for representatives of death claimant (the carpenter) on the El Sol.

Collision on the westerly side of the main ship channel in the Upper Bay, New York, a short distance below the Statue of Liberty.


WOOLSEY, District Judge.

I hold both El Sol and the Sac City to blame for the collision which is the subject-matter of these two proceedings for limitation of liability.

I hold that the United States, as owner of the Sac City, is entitled to a limitation of its liability.

It is admitted by all parties that the Southern Pacific Company, as owner of El Sol, is entitled to a limitation of its liability.

I. These two cases were tried before me...

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