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BURNS BROS. v. THE SYSTEMATIC

No. A-18490.

99 F.Supp. 870 (1951)

BURNS BROS. v. THE SYSTEMATIC et al. THE BURNS BROS. NO. 86. THE PRESIDENT MONROE.

United States District Court E. D. New York.

June 25, 1951.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, for libellant (Edward Ash and Diego Camarda, New York City, of counsel).

Burlingham, Veeder, Clark & Hupper, New York City, for the Systematic and claimant Tice Towing Lines, Inc.

Dow & Symmers, New York City, for the President Monroe and claimant-respondent American President Lines, Limited (John R. Sheneman, New York City, of counsel).

BYERS, District Judge.

This is a swell damage cause asserted by libellant as owner of its coal barge Burns Bros. No. 86, said to have been sustained on March 21, 1947, when she was being towed, light, by the Tice tug Systematic from the Burns Yard in South Brooklyn to Pier 18, Jersey City, there to be laden.

The swells are said to have been caused by the S.S. President Monroe, of the American President Lines, Ltd., as she proceeded up the bay in the ship channel...

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