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PEDERSEN v. MORRIS & CUMMINGS DREDGING COMPANY

No. 141, Docket 25845.

274 F.2d 606 (1960)

Henry PEDERSEN, Libellant-Appellant, v. MORRIS & CUMMINGS DREDGING COMPANY, Inc., Respondent-Appellee, and THE Tug MARGARET A. MORAN and THE Scow NO. 22, and THE Tug KEVIN MORAN, INC., Moran Towing Corporation, Moran Towing & Transportation Co., and United States Lines, Respondents.

United States Court of Appeals Second Circuit.

Decided February 3, 1960.

Attorney(s) appearing for the Case

Leon B. Ginsburg, New York City, for libellant-appellant, Cooper, Ostrin & De Varco, Herbert J. De Varco, Richard Gyory, New York City, of counsel.

Edmund F. Lamb, New York City, for respondent-appellee.

Lawless & Lynch, New York City, for respondent-appellee, Morris & Cummings Dredging Co., Inc., Purdy, Lamb & Cattoggio, New York City, of counsel.

Before HAND, HINCKS and WATERMAN, Circuit Judges.

PER CURIAM.

This is an appeal from a decree of the District Court for the Southern District of New York (Noonan, J. presiding), dismissing a libel to recover for injuries suffered by the libellant through the unseaworthiness of the "Scow No. 22," owned by the respondent, or by its negligence. The scow was being used to carry out and dump at sea dirt dug from the Hudson River off Pier 62. A dredge was filling three or four scows which a tug then towed to the dumping...

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