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SMITH SCOW CORP. v. SEABOARD GREAT LAKES CORP.

Nos. 182, 183.

146 F.2d 535 (1945)

SMITH SCOW CORPORATION v. SEABOARD GREAT LAKES CORPORATION et al. LORENTZEN v. THE MARGARET McCABE et al. THE EMMA BAKKE.

Circuit Court of Appeals, Second Circuit.

January 9, 1945.

Attorney(s) appearing for the Case

Forrest E. Single, of New York City, for respondent-appellee Seaboard Great Lakes Corporation.

Haight, Griffin, Deming & Gardner, of New York City (Henry M. Hewitt and James McKown, Jr., both of New York City, of counsel), for appellant.

Foley & Martin, of New York City, (Christopher E. Heckman, of New York City, of counsel), for libelant and claimant-appellee Smith Scow Corporation.

Horace T. Atkins, of New York City, for appellee Maritime Terminal Co., Inc.

Before CHASE, CLARK and FRANK, Circuit Judges.

PER CURIAM.

On July 25, 1943, while the scow Margaret McCabe was alongside the motorship Emma Bakke, in a berth on the south side of Pier 6 Brooklyn, N. Y., loaded with sand ballast from the motorship, the sand on her split and caused her to careen against the side of the ship and capsize. Both vessels were damaged.

Smith Scow Corporation, the owner of the scow, sued Seaboard Great Lakes Corporation, to be called Seaboard, to whom it had chartered the scow...

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