N. Y. TRAP ROCK CORPORATION v. METROPOLITAN NO. 4

No. 245.

128 F.2d 831 (1942)

NEW YORK TRAP ROCK CORPORATION v. THE METROPOLITAN NO. 4 et al.

Circuit Court of Appeals, Second Circuit.

June 12, 1942.


Attorney(s) appearing for the Case

Jacob I. Goodstein, of New York City (Stanley R. Wright, of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for claimant of the tug, appellee.

Hagen & Eidenbach, of New York City (Henry C. Eidenbach, of New York City, of counsel), for libellant, appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This appeal presents the question of who is responsible for damages sustained by the libellant's scow "J. P. Callaghan" from resting upon an uneven bottom at the dock of the appellant at New Rochelle, New York. The scow, loaded with a cargo of stone consigned to the appellant, was brought to the dock by a tug of Metropolitan Sand & Gravel Corporation. Because of the presence in the unloading berth of two empty scows and one partly loaded,...

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