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THE DALY NO. 40.

Nos. 17941, 18172.

76 F.Supp. 700 (1947)

THE DALY NO. 40. DALY v. SEABOARD COAL DOCK CO., Inc. GREENPOINT COAL DOCKS, Inc., v. DALY et al.

District Court, E. D. New York.

November 28, 1947.

Attorney(s) appearing for the Case

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

Macklin, Brown, Lenahan & Speer, of New York City (Charles J. Carroll, of New York City, of counsel), for Greenpoint Coal Docks, Inc.

Burlingham, Veeder, Clark & Hupper, of New York City (Frederic Conger, of New York City, of counsel), for Seaboard Coal Dock Co., Inc.

INCH, District Judge.

Libellant's coal barge sank after being loaded by Seaboard with some 600 tons of coal and coke. Thereafter, libellant brought this action against the Seaboard Coal Docks Company, Inc., which had so loaded the barge, alleging that this barge Daly No. 40 sank because of the negligence of Seaboard in negligently loading the barge.

The Dock Company, Inc., which owned the cargo of coal on the barge sued, both Seaboard and Daly alleging that...

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