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THE ELIZABETH M. BAKER

Nos. 228-230.

69 F.2d 54 (1934)

THE ELIZABETH M. BAKER. THE BLACK HAWK. THE JOSEPH F. MESECK. THE EUGENE MESECK. THE TOP SERGEANT THE NEW YORK CENTRAL NO. 20.

Circuit Court of Appeals, Second Circuit.

February 19, 1934.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and A. V. Cherbonnier, both of New York City, of counsel), for The Joseph F. Meseck and Meseck Towing Lines, Inc.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City' of counsel), for The Black Hawk and appellant American Diamond Lines.

Jacob Aronson, of New York City (Kenneth O. Mott-Smith, of New York City, of counsel), for The New York Central No. 20 and New York Cent. R. Co.

Foley & Martin, of New York City, for The Top Sergeant.

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer, of New York City, of counsel), for Annie Baker, as Owner of The Elizabeth M. Baker, Smith-Murphy Co., Inc., owners of cargo of wheat, and Joseph A. Ryan, owner of The Marion Ryan.

John E. Purdy, of New York City for The Eugene Meseck.

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

MANTON, Circuit Judge.

The Black Hawk, a vessel of 4,988 gross tons, 401 feet long and 54 feet beam, bound for Antwerp, Belgium, on December 29, 1932, left her pier for the voyage. She was lying bow in, at the south side of Pier K, inside a sister ship, the Black Heron. Alongside the Black Heron lay the grain elevator, Oswego, which was there to load grain on the Black Heron when the Black Hawk left her dock. At the end of the pier were four barges placed there that...

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