LINDE-GRIFFITH CONST. CO. v. THE AUTHENTIC

No. 91, Docket 22834.

210 F.2d 757 (1954)

LINDE-GRIFFITH CONST. CO. v. THE AUTHENTIC. NORTON v. DALZELL. THE NO. 4.

United States Court of Appeals Second Circuit.

Decided March 3, 1954.


Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, Allan B. Lutz, Thomas H. Middleton, New York City, of counsel, for appellant Henry K. Norton, as trustee.

Bigham, Englar, Jones & Houston, New York City, Charles A. Van Hagen, Jr., New York City, of counsel, for appellee, Linde-Griffith Const. Co.

Burlingham, Hupper & Kennedy, New York City, Stanley R. Wright, New York City, of counsel, for claimant-appellee, Lloyd H. Dalzell.

Before CHASE, Chief Judge, CLARK, Circuit Judge, and GIBSON, District Judge.


CHASE, Chief Judge.

The question to be answered on this appeal is whether the failure of a bridge tender to signal a tug which was towing a pile driver negligently into collision with the raised span of the bridge was negligence which contributed to the collision.

The facts, as justifiably found by the trial judge, are as follows:

There are two draw bridges across Overpeck Creek near its junction with the Hackensack River in Ridgefield Park, N. J....

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