THE HENRY E

Nos. A-17084, A-17125.

60 F.Supp. 43 (1945)

THE HENRY E. THE WRESTLER. EXNER SAND & GRAVEL CORPORATION v. GALLAGHER BROS. SAND & GRAVEL CORPORATION. Petition of STEVENS.

District Court, E. D. New York.

April 12, 1945.


Attorney(s) appearing for the Case

Purdy & Lamb, of New York City (Edmund F. Lamb and Thomas J. Irving, both of New York City, of counsel), for Exner Sand & Gravel Corporation.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for Gallagher Bros. Sand & Gravel Corporation.

Krisel & Beck, of New York City, for petitioner Stanley Stevens.


BYERS, District Judge.

Cause A-17084 was consolidated with A-17125, a limitation proceeding instituted by the owner of the tug Wrestler, and the issue of negligence on the part of the tug is the sole question for decision.

On February 16, 1944, the sand scow Henry E, owned by the libelant and then being under charter to Gallagher Brothers Sand & Gravel Corporation, while being towed in the Rahway River in New Jersey by the tug Wrestler (hired by Gallagher...

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