THE BERN


5 F.Supp. 741 (1933)

THE BERN. In re READING CO.

District Court, S. D. New York.

November 20, 1933.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (J. Dudley Eggleston and Carl F. Vander Clute, both of New York City, of counsel), for Reading Co. and Tice Towing Line, Inc.

Bigham, Englar Jones & Houston, of New York City (Andrew J. McElhinney, of New York City, of counsel), for Philadelphia & Reading Coal & Iron Co., Weston Dodson & Co., Inc., Cambria & Lackawanna Coal Co., and Madeira Hill & Co.

Foley & Martin, of New York City (James A. Martin, of New York City, of counsel), for O'Boyle and Murray Transp. Co.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and Chas. S. Haight, Jr., both of New York City, of counsel), for Export S. S. Corporation.

Purdy & Purdy, of New York City (John E. Purdy, of New York City, of counsel), for Sargent Barge Line, Bouchard Transp. Co., Inc., Western Assur. Co., New York Steam Corporation, and Michelson Coal Corporation.

Theodore H. Ward, of New York City, for William Costello.


COXE, District Judge.

These suits grow out of a collision in the East River, near Grand street, on January 15, 1930, at about 7:46 p. m., between the steamship Exbrook and the tow of the tug Bern, consisting of twelve loaded coal barges. The Exbrook was proceeding down stream and the Bern tow up stream at the time of the collision; and the Perth Amboy No. 1 was acting as a helper tug to the Bern. The tide was strong flood, running about 3½ knots an hour, and...

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