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THE FRANCIS v. DUFFY

No. A-15632.

32 F.Supp. 505 (1940)

THE FRANCIS v. DUFFY. SHAMROCK TOWING CO., Inc., v. CITY OF NEW YORK.

District Court, E. D. New York.

April 19, 1940.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash, of New York City, of counsel), for libelant.

William C. Chanler, Corp. Counsel, of New York City (George Seagrave Franklin, of New York City, of counsel), for City of New York.

BYERS, District Judge.

The libelant's deck scow Francis V. Duffy, having been loaded with about 1,264 cubic yards (estimated at about 624 tons) of refuse, capsized and sank at the 54th Street dump (Manhattan) at about 3 p. m. on February 3, 1939.

This decision is necessary in order to fix liability for the occurrence.

There was no collision, nor wind-storm, to account for the happening. Whether the load split to indicate improper distribution of weight...

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