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TRIBORO SCOW CORPORATION v. M. F. HICKEY CO.

No. 353, Docket 26155.

280 F.2d 308 (1960)

TRIBORO SCOW CORPORATION, as owner of THE Scow TRIBORO No. 12, Libellant-Appellee, v. M. F. HICKEY CO., Inc., Respondent-Appellant, and Gallagher Brothers Sand & Gravel Corporation and THE Tug JOHN MURRAY, Respondent-Claimant-Impleaded Appellee.

United States Court of Appeals Second Circuit.

Decided July 12, 1960.

Attorney(s) appearing for the Case

Vincent A. Catoggio, New York City (Purdy, Lamb & Catoggio, New York City), for libellant-appellee.

James M. Leonard, New York City (Macklin, Speer, Hanan & McKernan and Gerald J. McKernan), New York City, for respondent-appellant.

Edward J. Ryan, New York City (Foley & Martin, New York City), for respondent-claimant-impleaded appellee.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge.

Libellant, Triboro Scow Corporation (Triboro) brought suit against M. F. Hickey Co. Inc. (Hickey) for damages to Triboro's scow No. 12 alleged to have resulted from Hickey's negligence. Hickey, denying negligence and claiming that the damage was caused by the negligence of Gallagher Brothers Sand and Gravel Corporation (Gallagher) and the tug "John Murray" owned by it, impleaded Gallagher. From an interlocutory decree holding Hickey solely liable...

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