NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK

No. 11515.

49 F.2d 475 (1931)

NEWTOWN CREEK TOWING CO. v. CITY OF NEW YORK.

District Court, E. D. New York.

March 28, 1931.


Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Max Taylor, of New York City, of counsel), for libelant.

Arthur J. W. Hilly, Corp. Counsel, of New York (William J. Leonard and Matthew J. Troy, both of New York City, of counsel), for respondent.


BYERS, District Judge.

On July 26, 1929, libelant's tug proceeded up-stream through the Grand Street bridge over Newtown Creek, at about 7:30 a. m.; the bridge having been opened for that purpose. The tug, having arranged a berth for a barge, sought to return through the bridge to tow the barge to the berth.

The return could not be made because the bridge could not be opened, due to the breaking of a concealed element in the hoisting gear.

The municipal...

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