THE EUREKA NO. 93

No. 13936.

7 F.Supp. 625 (1934)

THE EUREKA NO. 93. BERWIND-WHITE COAL MINING CO. v. CITY OF NEW YORK et al.

District Court, E. D. New York.

June 29, 1934.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for libellant.

Paul Windels, Corp. Counsel, of New York City (P. Fearson Shortridge, of New York City, of counsel), for respondent City of New York.

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for Bouker Contracting Co.


BYERS, District Judge.

On March 11, 1933, libellant's barge Eureka 93 was at the 74th Street Interborough Rapid Transit dock, East River, unloading coal; the task was not completed because 250 tons remained on board at the close of day. A light barge Eureka 96 was then moored outside of 93. Thus the former was somewhat deeper in the water than the latter.

About 12:30 a. m. on the following day the bargee was awakened by a "heavy jar." Making his way to the...

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