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RICE v. NEW YORK TRAP ROCK CORPORATION

198 F.Supp. 346 (1959)

Estelle RICE et al., copartners doing business under the firm name and style of Jacob Rice & Sons, as owners of THE scow JOAN R, Libellants, v. NEW YORK TRAP ROCK CORPORATION, Respondent, v. RED STAR TOWING & TRANSPORTATION COMPANY and Colonial Sand & Stone Co., Inc., Respondents Impleaded. Petition of Estelle RICE et al., copartners doing business under the firm name and style of Jacob Rice & Sons, as owners of the scow Joan R, in a cause of limitation of and/or exoneration from liability.

United States District Court S. D. New York.

Supplementary Opinion September 29, 1959.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for libellants. Leo F. Hanan, Charles J. Carroll, Jr., New York City, of counsel.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for respondent New York Trap Rock Corp. Henry C. Eidenbach, New York City, of counsel.

Alexander, Ash & Schwartz, New York City, for respondent impleaded Red Star Towing & Transportation Co. Edward Ash, New York City, of counsel.

Foley & Martin, New York City, for respondent impleaded Colonial Sand & Stone Co., and Frank S. Jacobus. Christopher E. Heckman, Edward J. Ryan, New York City, of counsel.

CASHIN, District Judge.

These suits involve the capsizing of the loaded deck scow Joan R, owned by the individual libellants, on Sunday morning, May 23, 1954. The first action was brought by the owners of the Joan R against the charterer of the scow, New York Trap Rock Corporation. The libel alleges that the Joan R was turned over to the charterer in good condition but returned damaged. Respondent impleaded Red Star Towing & Transportation Company and Colonial...

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