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THE EUREKA NO. 72

40 F.Supp. 947 (1941)

THE EUREKA NO. 72. THE ADMIRAL DEWEY. BERWIND-WHITE COAL MINING CO. v. CITY OF NEW YORK et al.

District Court, S. D. New York.

April 21, 1941.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, and Paul Speer, all of New York City, for libellant.

William S. Chanler, and George S. Franklin, all of New York City, for City of New York.

Clive C. Handy, K. O. Mott-Smith and Gerald E. Dwyer, all of New York City, for New York Cent. R. Co.

E. C. Sherwood and F. J. Locker, both of New York City, for George W. Rogers Const. Corporation.

BONDY, District Judge.

March 3, 1939, about 4 P. M., during high tide, libellant's tug "Admiral Dewey" left libellant's loaded coal barge, "Eureka No. 72", moored to the north side of Pier No. 99, Hudson River, owned and controlled by the City of New York. About 10:30 P.M., during a falling tide, the "Eureka No. 72" settled on two submerged piles, damaging her bottom and causing her to sink on land under water adjacent to the north side of Pier No. 99. This land has...

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