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DALY v. READING COMPANY

No. 80, Docket 23184.

220 F.2d 534 (1955)

Edward DALY, as Owner of THE DALY NO. 32, and as bailee of the cargo of coal laden thereon, Libelant-Appellee, v. READING COMPANY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 15, 1955.

Attorney(s) appearing for the Case

Macklin, Spear, Hanan & McKernan, New York City, Leo F. Hanan, New York City, of counsel, for respondent-appellant.

Mahar & Mason, New York City, Frank C. Mason, New York City, of counsel, for libelant-appellee.

Before L. HAND and SWAN, Circuit Judges, and DIMOCK, District Judge.

DIMOCK, District Judge.

Sinram Brothers, coal dealers, "ordered" from Daly, libelant, his barge, Daly No. 32, to carry a cargo of coal from Port Reading on the Arthur Kill in New Jersey. Sinram was to pay Daly on a tonnage basis. Daly engaged respondent Reading Company to tow the barge light to Port Reading and laden away from Port Reading. Daly gave the orders for the voyage to Port Reading and Sinram Brothers gave the orders...

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