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BERWIND-WHITE COAL MINING CO. v. CITY OF NEW YORK

No. 168.

135 F.2d 443 (1943)

BERWIND-WHITE COAL MINING CO. v. CITY OF NEW YORK et al. THE EUREKA NO. 72. THE ADMIRAL DEWEY.

Circuit Court of Appeals, Second Circuit.

April 30, 1943.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer, of New York City, of counsel), for libellant-appellee.

William C. Chanler, of New York City (Martin Faust and John D. J. Moore, Jr., both of New York City, of counsel), for respondent-appellant.

Clive C. Handy, of New York City (Gerald E. Dwyer and S. A. Hellenbrand, both of New York City, of counsel), for respondents-impleaded-appellees.

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

CHASE, Circuit Judge.

The libellant's coal barge Eureka No. 72 was sunk when she grounded on submerged piles at the north side of Pier 99, Hudson River, on March 3, 1939. It sued the City of New York, in the admiralty of the District Court for the Southern District of New York, as owner of the pier. The city impleaded both the tug Admiral Dewey, owned by the libellant, and since the latter owned that tug it was stipulated that any negligence of the tug should be imputed...

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