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MORAN TRANSPORTATION CORP. v. NEW YORK TRAP ROCK CORP.

194 F.Supp. 599 (1961)

MORAN TRANSPORTATION CORPORATION, Libellant, v. NEW YORK TRAP ROCK CORPORATION, Respondent.

United States District Court S. D. New York.

May 22, 1961.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, Eugene Underwood, Robert A. Feltner, New York City, of counsel, for libellant.

Hill, Rivkins, Middleton, Louis & Warburton, New York City, Henry C. Eidenbach, Thomas P. Pender, New York City, of counsel, for respondent.

McGOHEY, District Judge.

The libellant sues to recover damages resulting from the sinking of its deck scow Moran No. 107 while under charter to the respondent.

The respondent concedes the libellant made out a prima facie case, thus casting on the respondent the burden of establishing that the loss did not result from its failure to exercise due care. It contends it has sustained that burden and shown that the "damage to the Moran No. 107 was due solely to...

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