THE HUSTLER


56 F.2d 1039 (1932)

THE HUSTLER. THE BLEAKLEY NO. 76. CARBONATE OF LIME CORPORATION v. DANIEL ROE TOWING & TRANSPORTATION CO., Inc.

District Court, S. D. New York.

February 8, 1932.


Attorney(s) appearing for the Case

Frederick W. Park, of New York City, for libelant.

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

Haight, Smith, Griffin & Deming, of New York City, for the Hustler.

Purdy & Purdy, of New York City, for the Bleakley No. 76.


MACK, Circuit Judge.

The question presented on the exceptions is whether or not the cargo owner can hold the Hustler for any part of the expenses incurred by it in removing and dumping the damaged cargo.

The special commissioner has found in favor of the cargo owner. In my opinion, error has been committed in this respect, in view of the evidence that the sound cargo was first removed. After the sound cargo had been removed, the cargo owner was under no obligation...

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