THE D. S. DUMPER NO. 305

No. 13863.

9 F.Supp. 715 (1934)

THE D. S. DUMPER NO. 305. THE CITY OF TOKIO. THE HENRY W. CARD. CITY OF NEW YORK v. VIRGINIA TOWING CORPORATION.

District Court, E. D. New York.

December 31, 1934.


Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (Willard L. Robinson, Asst. Corp. Counsel, of New York City, of counsel), for City of New York.

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 City of Tokio.

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for the Henry W. Card and Virginia Towing Corporation.


GALSTON, District Judge.

On April 13, 1933, the Dumper 305, owned by the City of New York, in tow of the tug Henry W. Card, proceeded from Fort Hamilton up the channel towards Pier 69 on the Brooklyn side of the East River. The Card had the Dumper 310 on her port side, the Dumper 305 being behind the 310, and another dumper, 205, was on the starboard side of the Card.

As the tow proceeded up the channel, the tug Du Bois overtook and passed it somewhat in the...

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