BLEAKLEY TRANSP. CO. v. COLONIAL SAND & STONE CO.

No. 345, Docket 24360.

245 F.2d 576 (1957)

BLEAKLEY TRANSPORTATION CO., Inc., as owner of THE scow HARVARD, Libellant-Appellant, v. COLONIAL SAND & STONE CO., Inc., Respondent-Appellee, and THE Oil Tanker S. D. MADDOCK, Impleaded.

United States Court of Appeals Second Circuit.

Decided June 7, 1957.


Attorney(s) appearing for the Case

Purdy, Lamb, & Catoggio, New York City (Edmund F. Lamb, New York City, of counsel), for libellant-appellant.

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan, New York City, of counsel), for respondent-appellee.

Before CHASE, HINCKS and LUMBARD, Circuit Judges.


CHASE, Circuit Judge.

The appellant's wooden scow, Harvard, having a length of one hundred feet, a width of thirty-six feet and being ten feet deep, arrived fully loaded with sand and gravel consigned to the appellee at the appellee's dock at Eastchester Creek on August 20, 1948. Her unloading was not begun until the next afternoon and meanwhile she lay aground on an uneven bottom at the dock and two keelsons in Section 7, the fourth and fifth from the port side,...

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