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POWELL & MINNOCK BRICK WKS., INC. v. CALLANAN ROAD IMP. CO.

210 F.Supp. 114 (1962)

POWELL & MINNOCK BRICK WORKS, INC., as owner of The SCOW P & M NO. 2, Libelant, v. The CALLANAN ROAD IMPROVEMENT COMPANY, Respondent.

United States District Court S. D. New York.

November 1, 1962.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City (Charles J. Carroll, Jr., New York City, of counsel), for libelant.

Budd, Quencer, Brown & Commette, New York City (Albert S. Commette, New York City, of counsel), for respondent.

WEINFELD, District Judge.

Libelant, the owner of the Scow P & M No. 2, seeks to recover damages caused to the scow while she was under charter to the respondent. The charter was the common demise charter which provided that the scow would have a captain furnished by the owner, and that the scow would be returned in the same condition as when received, less ordinary wear and tear.

The scow, which was open deck and of wooden construction, was engaged by...

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