LOWERY v. HUDSON RIVER DAY LINE

No. 19407.

132 F.Supp. 629 (1955)

Frank A. LOWERY, as owner of THE INEZ LOWERY and THE MAY LOWERY, Libellant, v. HUDSON RIVER DAY LINE, Inc., and THE PETER STUYVESANT, Respondents.

United States District Court E. D. New York.

May 18, 1955.


Attorney(s) appearing for the Case

O'Connor & Randolph, New York City, for libellant, Edward L. P. O'Connor, Anthony J. Randolph, New York City, of counsel.

McNutt & Nash, New York City, for respondents, Eli Ellis, H. J. Scanlon, New York City, of counsel.


GALSTON, District Judge.

This is a libel in rem and in personam to recover for damages sustained by the barges Inez Lowery and May Lowery by reason of excessive swells created by the negligent operation of the S.S. Peter Stuyvesant, owned and operated by the Hudson River Day Line.

On the afternoon of July 9, 1949 the diesel power canal barge, Frank A. Lowery, was bound north on the Hudson River with a tow of six barges.

These barges were on two hawsers...

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