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BURNS BROS. v. LONG ISLAND R. CO.

No. 255, Docket 21315.

176 F.2d 406 (1949)

BURNS BROS. v. LONG ISLAND R. CO. et al. PALMER et al. v. BURNS BROS. NO. 77.

United States Court of Appeals Second Circuit.

Decided August 8, 1949.

Attorney(s) appearing for the Case

John J. McElhinny, New York City, for respondents-appellants Central R. Co. of N. J. and Walter P. Gardner, as trustee.

Burlingham, Veeder, Clark & Hupper, New York City (Chauncey I. Clark, George R. Wagner, New York City, of counsel), for appellant Long Island R. Co.

Hagen & Eidenbach, New York City (Henry C. Eidenbach, New York City, of counsel), for respondent-appellee Erie R. Co.

Alexander & Ash, New York City (Edward Ash, Sidney A. Schwartz, New York City, of counsel), for Burns Bros. appellee.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.

CHASE, Circuit Judge.

The coal boat, Burns Bros. No. 77, lay moored at the foot of 36th Avenue, Long Island City, during the evening of April 1, 1945, until she broke adrift when, so it was alleged, she was hit by a carfloat owned by the Central Railroad of New Jersey. Later that evening she was drifting in a sinking condition in the East Channel north of Rainey Park and was picked up by a tug owned by the New York, New Haven and Hartford Railroad Company and beached...

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