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CORNELL STEAMBOAT CO. v. UNITED STATES

53 F.Supp. 349 (1943)

CORNELL STEAMBOAT CO. v. UNITED STATES.

District Court, S. D. New York.

Judgment Affirmed April 3, 1944.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for plaintiff.

Robert L. Pierce, Sp. Asst. to Atty. Gen., for the United States.

E. M. Reidy, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

Tom C. Clark, Asst. Atty. Gen. (Daniel W. Knowlton, of Washington, D. C., of counsel), for the United States.

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for National Water Carriers Ass'n, Inc., intervenor.

Bingham, Dana & Gould, of Boston, Mass., for Boston Tow Boat Co., Intervenor.

Judgment Affirmed April 3, 1944. See 64 S.Ct. 768.

FRANK, Circuit Judge.

1. Plaintiff contends that, as a tower, it is not a "carrier by water" within the meaning of the Act. We cannot agree. Plaintiff literally "engage[s] in the transportation by water * * * of * * * property * * * for compensation," which is the test under § 302(c) and (d). For the dictionary tells us that, nautically, to transport is "to haul a vessel by hawsers." And a barge is both...

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