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CLEARY BROTHERS v. CHRISTIE SCOW CORPORATION

No. 23085.

215 F.2d 740 (1954)

CLEARY BROTHERS, as Owner of THE SCOW CLEARY NO. 78, Libellant, v. CHRISTIE SCOW CORPORATION, Respondent-Appellant-Appellee, and American President Lines, Ltd., Impleaded Respondent-Appellee, and George R. Tollefsen and Margaret Tollefsen, a partnership, doing business in the name of Tollefsen Brothers, Impleaded Respondents, and Grand Wrecking and Lumber Corp., a Corporation, Impleaded Respondent, and United States of America, Impleaded Respondent-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 16, 1954.

Attorney(s) appearing for the Case

John J. McElhinny, New York City, argued for Cleary Bros.

Leavenworth Colby, Sp. Asst. to the Atty. Gen. (Warren E. Burger, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., and Russell Chapin, Atty., Dept. of Justice, Washington, D. C., of counsel), for the United States and American President Lines, Ltd.

Alexander & Ash, New York City (Sidney A. Schwartz, New York City, of counsel), for Christie Scow Corporation.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.

HINCKS, Circuit Judge.

This appeal arises from a suit in admiralty brought by the libellant, Cleary Brothers (hereinafter called Cleary) to recover damages sustained by its wooden scow, The Cleary Bros. No. 78. The libellant charged that the damage was caused while the ship was under charter to the Christie Scow Corporation, defendant herein (hereinafter called Christie).

The pertinent facts of the case are as follows: Cleary chartered its scow to Christie...

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