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HORAN v. PENNSYLVANIA R. CO.

No. A-17166.

60 F.Supp. 138 (1945)

HORAN v. PENNSYLVANIA R. CO. THE JOHN J. HORAN. THE DETROIT.

District Court, E. D. New York.

April 27, 1945.

Attorney(s) appearing for the Case

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for libelant.

Burlingham, Veeder, Clark & Hupper, of New York City (William S. Stuhr, Jr., of New York City, of counsel), for Pennsylvania R. Co. and the tug Detroit.

Edward R. Brumley, of New York City (Edmund J. Moore, of New York City, of counsel), for Trustees of New York, New Haven & Hartford R. Co.

BYERS, District Judge.

The question for decision is whether the libelant's scow John J. Horan was struck by the Pennsylvania Railroad's Diesel tug Detroit or by a carfloat being towed by the New Haven steamtug Transfer No. 17 on May 29, 1944, when the scow was lying on the north side of the open pier at Greenville, New Jersey.

The fact of damage to the scow on her starboard side was established.

She had been chartered to the Pennsylvania at the time...

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