IN RE BERWIND-WHITE COAL M. CO. v. ALLEN N. SPOONER & SONS


80 F.Supp. 125 (1948)

In re BERWIND-WHITE COAL MIN. CO. ALLEN N. SPOONER & SONS, Inc. v. GARDNER. AMBOY TOWBOATS, Inc. v. PITNEY et al. BERWIND-WHITE COAL MIN. CO. v. PITNEY et al. CLEARY BROS. v. UNITED STATES et al.

United States District Court S. D. New York.

April 22, 1948.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Frederic Conger, both of New York City, of counsel), for Berwind-White Coal Mining Co.

John F. X. McGohey, U. S. Atty., of New York City (J. F. Quarto, Sp. Asst. to U. S. Atty., of New York City, of counsel), for United States of America.

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan and Martin J. McHugh, both of New York City, of counsel), for Allen N. Spooner & Sons, Inc. and Tracy Towing Line, Inc.

Pyne, Lynch & Smith, of New York City (Warner Pyne, of New York City, of counsel), for Amboy Towboats, Inc. and Tug St. Charles.

Foley & Martin, of New York City (C. E. Heckman and J. R. Stewart, both of New York City, of counsel), for Cleary Bros.

John J. McElhinny, of New York City, for Trustees of The Central R. R. Co. of N. J.


CLANCY, District Judge.

Pier 18 of the Central Railroad of New Jersey is on the New Jersey shore below the Battery. Berwind-White Coal Mining Company knew it was a busy pier day and night, loading about five hundred boats monthly and frequently twenty-five or more in a single day. Upon it is a mechanical dumper used to load barges with coal brought onto the pier in railroad cars. The barges are brought light to the shore or westerly end of the pier by tugs and, when...

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