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DEXTER-CARPENTER COAL CO. v. NEW YORK O. & W. RY. CO.

50 F.2d 270 (1931)

DEXTER-CARPENTER COAL CO. v. NEW YORK, O. & W. RY. CO. et al.

District Court, S. D. New York.

April 15, 1931.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (R. F. Shaw, of New York City, of counsel), for libelant.

Alexander & Ash, of New York City (Edward Ash, of New York City, of counsel), for claimant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for respondent.

PATTERSON, District Judge.

At the close of the trial I made findings that the O. & W. 23 was unseaworthy, that her sinking on September 17, 1927, was due to such unseaworthy condition, and that no fault was attributable to the towing company. The case against the towing company was dismissed. As between the cargo owner and the carrier, I indicated that the former was entitled to a decree against the latter to cover loss of the cargo, but I reserved decision on...

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