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FLANAGAN v. THE H. F. GILLIGAN

170 F.Supp. 793 (1958)

John P. FLANAGAN, Libelant, v. THE Scow H. F. GILLIGAN, her engines, boilers, apparel and furniture, and New York Trap Rock Corporation and Red Star Towing & Transportation Corporation, Respondents.

United States District Court S. D. New York.

October 10, 1958.

Attorney(s) appearing for the Case

Harry Ruderman, Henry Isaacson, New York City, for libelant.

Foley & Martin, New York City, Edward J. Ryan, New York City, of counsel, for respondents.

EDWARD WEINFELD, District Judge.

Red Star Towing & Transportation Corporation, one of the respondents, excepts to the second amended libel on the ground that it fails to allege a cause of action against it. The question presented is whether the obligation of seaworthiness extends from a tug owner to a seaman, who is not his employee, and who is injured on board a scow which is in tow of the tug, such injuries allegedly being due to the unseaworthy condition of...

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