THE OTHO


49 F.Supp. 945 (1943)

THE OTHO. HUILEVER, S. A. DIVISION HUILERIES DU CONGO BELGE et al. v. THE OTHO et al., and four other cases.

District Court, S. D. New York.

January 26, 1943.


Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Robert E. Hill and Eugene P. McCue, both of New York City, of counsel), for libelants.

Maclay, Lyeth & Williams, of New York City (J. M. Richardson Lyeth, Mark W. Maclay, and Robert L. Fay, all of New York City, of counsel), for libelant J. H. Rossbach & Bros. Import Corporation and another.

Hunt, Hill & Betts, of New York City (John W. Crandall, George Whitefield Betts, Jr., and Helen F. Tuohy, all of New York City, of counsel), for claimant and respondents.


HULBERT, District Judge.

These are five suits in admiralty against the S/S Otho, in rem, and her owner, in personam, for cargo damages, tried together. They will be disposed of in one opinion.

The Otho, a combination cargo, mail and passenger vessel of 4,839 gross and 2,976 net tons, overall length of 396 feet and a beam of 53 ft. 2 ins., was built in Tacoma, Washington, in 1920, under the supervision of the American Bureau of Shipping.

The vessel...

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