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  5. 35 F.Supp. 907 (1940)
 

THE D. S. NO. 30

Nos. A-16034, A-15961.

35 F.Supp. 907 (1940)

THE D. S. NO. 30. THE DYNAMIC. THE NEW YORK CENTRAL NO. 2.

District Court, E. D. New York.

December 5, 1940.

Attorney(s) appearing for the Case

William C. Chanler, Corp. Counsel, and George S. Franklin, both of New York City, for City of New York.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for Conners Marine Co., Inc.

Jacob Aronson, of New York City (K. O. Mott-Smith, of New York City, of counsel), for New York Cent. R. Co.

GALSTON, District Judge.

At the trial it was stipulated that the causes be tried together on the same proof and that one decision will suffice.

On February 23rd, 1940, the Sanitation No. 30, a scow owned by the City of New York, was taken in tow by the tug Dynamic in Wallabout Canal. The scow was towed stern ahead on the port side of the tug and was loaded. The scow was about 70 feet ahead of the stern of the tug. The tow proceeded on half speed out of the...

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