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THE NO. 310

No. A-13797.

5 F.Supp. 565 (1933)

THE NO. 310. THE NEW YORK CENTRAL NO. 35. THE GRACE.

District Court, E. D. New York.

November 9, 1933.

Attorney(s) appearing for the Case

Purdy & Purdy, of New York City, for libellant.

Jacob Aronson, of New York City (Kenneth O. Mott-Smith, of New York City, of counsel), for the New York Central No. 35.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and A. V. Cherbonnier, both of New York City, of counsel), for the Grace.

BYERS, District Judge.

The libellant, as owner of the covered barge No. 310, seeks to recover for damage it sustained on the afternoon of March 14, 1933, when it was taken in tow by the tug Grace to be moved from the outer side of pier 33, South Brooklyn, to the inner side. This occurred at about 2:30 in the afternoon, when an ebb-tide prevailed, on a clear day with no wind.

The Grace had the barge on her port side, having picked her up by nosing in between...

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