DALZELL v. THE NEW YORK

No. 18068.

77 F.Supp. 793 (1948)

DALZELL v. THE NEW YORK. THE LLOYD H. DALZELL. THE CHRISTIAN HOLM.

District Court, E. D. New York.

May 25, 1948.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Eugene Underwood, of New York City, of counsel), for libellant.

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

J. Vincent Keogh, U.S. Atty., of Brooklyn (Leo J. Curren, of New York City, of counsel), for respondent-impleaded.


GALSTON, District Judge.

During the early morning of April 7, 1945, the tug Lloyd H. Dalzell was assisting the steamship Christian Holm, which was heading south in the East River, bound for anchorage off the Statute of Liberty. The tug was made fast to the port bow of the steamer and lay along her port side with her engines idle. It is the contention of the libellant that as the Christian Holm rounded Corlear's Hook and was proceeding about in mid-channel, a green...

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