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THE MATCH LIGHT

No. A. 16039.

39 F.Supp. 908 (1941)

THE MATCH LIGHT. THE JOSEPH MESECK, JR. THE SHIRLEY KELLER. O'BRIEN BROS., Inc., v. PENNSYLVANIA R. CO. (MESECK TOWING LINES, Inc., Impleaded).

District Court, E. D. New York.

June 9, 1941.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, of counsel), for libellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Frederic Conger, of New York City, of counsel), for respondent.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine, of New York City, of counsel), for respondent impleaded.

Dow, McAllister & Symmers, of New York City (Gerard M. McAllister, of New City, of counsel), for tug Shirley Keller impleaded.

INCH, District Judge.

Libellant, O'Brien Bros., Inc., owned the scow Match Light. At the time in question it was under charter to the Pennsylvania Railroad Company. While such bailment existed the scow was damaged and accordingly libellant sued the bailee.

The burden was upon libellant to prove that the scow was damaged through the fault of the bailee. Alpine Forwarding Co. v. Pennsylvania R. Co., 2 Cir., 60 F.2d 734, 736...

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