KENNY v. CITY OF NEW YORK

No. 15589.

28 F.Supp. 175 (1939)

KENNY v. CITY OF NEW YORK.

District Court, E. D. New York.

June 28, 1939.


Attorney(s) appearing for the Case

Mahar & Mason, of New York City (William J. Mahar and Edward L. P. O'Connor, both of New York City, of counsel), for libelant.

William C. Chanler, Corp. Counsel, of New York City (George Seagrave Franklin and John T. Condon, both of New York City, of counsel), for respondent.


BYERS, District Judge.

In this cause, the libelant, as owner of the scow "Columbiad", seeks to recover damages from the respondent for failure to return the scow in as good condition as when delivered. The evidence yields the following findings of fact:

1. The libelant at all times material to the issues herein was the owner of the deck scow "Columbiad".

2. On or about July 5, 1938, the respondent became the bailee of said scow under a written contract...

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