P. DOUGHERTY CO. v. THE G. M. McALLISTER

No. 140, Docket 20425.

159 F.2d 486 (1947)

P. DOUGHERTY CO. v. THE G. M. McALLISTER. THE HARFORD

Circuit Court of Appeals, Second Circuit.

February 7, 1947.


Attorney(s) appearing for the Case

Dow & Symmers, of New York City (William G. Symmers, Wilbur E. Dow, Jr., Daniel L. Stonebridge, and John R. Sheneman, all of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal by the owner of the tug "McAllister" from an interlocutory decree in admiralty in favor of the libellant, owner of the sea-going barge "Harford," whose libel sought recovery for damages caused by the stranding of the barge after the tug had taken her to her destination and left her there at anchor. The tug was held liable on the theory that she gave the barge a foul berth. The appellant contends that the tug performed her whole...

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