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HICKMAN v. TAYLOR

No. 9579.

170 F.2d 327 (1948)

HICKMAN v. TAYLOR et al.

United States Court of Appeals Third Circuit.

Decided October 18, 1948.

Attorney(s) appearing for the Case

Abraham E. Freedman, of Philadelphia, Pa. (Freedman, Landy & Lorry, of Philadelphia, Pa., on the brief), for appellant.

Samuel B. Fortenbaugh, Jr., of Philadelphia, Pa. (Robert L. Kunzig, Benjamin F. Stahl, Jr., and Clark, Brown, McCown, Fortenbaugh & Young, all of Philadelphia, Pa., on the brief), for John M. Taylor and George H. Anderson, appellees.

Howard Burtt, of Philadelphia, Pa. (Guckes, Shrader & Burtt, of Philadelphia, Pa., on the brief), for Baltimore & O. R. Co., appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and O'CONNELL, Circuit Judges.

O'CONNELL, Circuit Judge.

A wooden float owned by defendant Baltimore and Ohio Railroad Company ("B. & O.") was being towed across the Delaware River toward the New Jersey shore by two tugs belonging to defendant Taylor and Anderson Towing and Lighterage Company ("Taylor"). The float, for reasons unexplained, sank during this operation and became stuck in the river bed. After a conference between officials of Taylor and B. & O., it was decided that one of...

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