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DWYER OIL TRANSPORT CO. v. EDNA M. MATTON

Nos. 310, 311, Dockets 24972, 24973.

255 F.2d 380 (1958)

DWYER OIL TRANSPORT CO., Inc., as owner of THE Tank Barge DWYER, NO. 104, Libelant-Appellant, v. THE Tug EDNA M. MATTON, Matton Steamboat Co., Inc., Claimant-Appellant, and THE Tug CORPORAL, Tug Corporal Corporation, Claimant-Appellee. B. NO. 80 CORPORATION, as owner of The Barge B. NO. 80, Libelant-Appellant, v. THE Tug EDNA M. MATTON, Matton Steamboat Co., Inc., Claimant-Appellant, and Tug Corporal, Tug Corporal Corporation, Claimant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 20, 1958.

Attorney(s) appearing for the Case

Thomas F. Daly, New York City (Macklin, Speer, Hanan & McKernan, New York City, on the brief), for Dwyer Oil Transport Co., Inc.

Frank C. Mason, New York City (Mahar & Mason and James J. Mason, New York City, on the brief), for Matton Steamboat Co., Inc.

Vincent A. Catoggio, New York City (Purdy, Lamb & Catoggio, New York City, on the brief), for Tug Corporal, Tug Corporal Corp.

Henry C. Eidenbach, New York City (Hagen & Eidenbach, New York City, on the brief), for B. No. 80 Corp.

Before CLARK, Chief Judge, and HINCKS and STEWART, Circuit Judges.

HINCKS, Circuit Judge.

This is an appeal in a collision case from interlocutory decrees holding Matton Steamboat Co., Inc. solely responsible for an accident through its tug Edna M. Matton, exonerating the Tug Corporal Corporation from any liability, and fixing liability on Matton for damage to two barges, viz., the Dwyer No. 104, which was being pushed by the tug Matton, and the B. No. 80, which was being pushed by the tug Corporal. Matton's sole contention is that...

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