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NORTHERN PETROLEUM TANK STEAM. CO. v. CITY OF NEW YORK

181 F.Supp. 192 (1960)

NORTHERN PETROLEUM TANK STEAMSHIP CO., Ltd., as Owner of the Motor Vessel Tynefield, Libelant, v. CITY OF NEW YORK, as Owner of THE ferryboat DONGAN HILLS, Respondent. CITY OF NEW YORK, as Owner of the ferryboat Dongan Hills, Libelant, v. THE M/V TYNEFIELD, her engines, etc., and Northern Petroleum Tank Steamship Co., Ltd., Hastings & Sons, and Furness Withy & Co., Ltd., Respondents. Petition of City of New York, as Owner of the ferryboat Dongan Hills for a limitation of or exoneration from liability.

United States District Court S. D. New York.

February 29, 1960.

Attorney(s) appearing for the Case

Symmers, Fish & Warner, New York City, William Warner, William G. Symmers, Peter J. Malloy, Jr., New York City, of counsel, for Northern Petroleum Tank Steamship Co., Ltd.

Charles H. Tenney, Corp. Counsel, City of New York, New York City, Paul P. Burke, James W. Fay, New York City, of counsel, for City of New York.

MURPHY, District Judge.

At about eight o'clock in the cold, clear, moonless evening of February 8, 1958, the vast expanse of New York Harbor was practically devoid of moving traffic. Only two vessels were in motion — the M/V Tynefield and the New York City ferryboat Dongan Hills. The Tynefield, emerging from the Kill Van Kull into the Hudson River channel, was heading east at about two-and-one-half to five knots. The Dongan Hills was heading southwest at about...

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