THE W. A. KIPP

No. A-16927.

61 F.Supp. 729 (1945)

THE W. A. KIPP. THE OVERBROOK.

District Court, E. D. New York.

July 18, 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 (George R. Wagner, of New York City, of counsel), for claimant.


BYERS, District Judge.

The libelant's wooden coal barge W. A. Kipp (116 feet by 31 feet by 16 feet inside depth) carrying 800 tons of coal, was the outside vessel to starboard in the third tier of a coal tow moored at the end of pier 7 (Manhattan) East River, tailing up river in the flood tide, on the morning of February 9, 1943.

At about 9:00 A. M. she struck pier 9 twice, sustaining damage for which this libel was filed in rem against the steamtug Overbrook...

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