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KENNY v. CITY OF NEW YORK

No. 146.

108 F.2d 958 (1940)

KENNY v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

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

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

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

PATTERSON, Circuit Judge.

Kenny furnished the City of New York with a deck scow for use by the City for fireworks display. By the agreement the City was to have the use of the scow, bare boat, for fireworks purposes during July and August and was to pay Kenny $600. Kenny was to equip the scow with lines and anchors. Kenny took the scow to the vicinity of Orchard Beach and moored it offshore at a place pointed out by the City's representative. In this position the...

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