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IN RE NEW YORK DOCK CO.

Nos. 27, 28.

61 F.2d 777 (1932)

In re NEW YORK DOCK CO. In re CONVERSE.

Circuit Court of Appeals, Second Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Arthur Butler Graham, of New York City (Ralph A. Gilchrist, of New York City, of counsel), for New York Dock Co.

Harry S. Austin, of New York City, for claimant-appellant.

Alexander, Ash & Jones, of New York City (Lawson R. Jones and Edward Ash, both of New York City, of counsel), for petitioner charterer cross-appellant Converse.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

Whatever the legal obligations of the New York Dock Company, under the charter or otherwise, may be to Converse, this claimant must look for indemnity solely to his employer, Converse, who had the entire control of the pile driver. Its faulty condition was not due to any hidden defect. Converse chartered the pile driver in its then present condition, after Heyer, his superintendent, had looked it over and decided...

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