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KELLEY ISLAND LIME & TRANSPORT CO. v. CITY OF CLEVELAND

No. 3332.

47 F.Supp. 533 (1942)

KELLEY ISLAND LIME & TRANSPORT CO. v. CITY OF CLEVELAND et al. THE HYDRO.

District Court, N. D. Ohio, E. D.

June 23, 1942.

Attorney(s) appearing for the Case

J. Harold Traverse and Lucian Ray (of Duncan, Leckie, McCreary, Schlitz & Hinslea), all of Cleveland, Ohio, for libelant.

Kent H. Meyers and Robert J. Selzer, both of Cleveland, Ohio, for City of Cleveland.

Charles Chapla (of Davis & Young) and Meyer A. Cook, both of Cleveland, Ohio, for L. A. Wells Const. Co.

Leslie H. Vogel (of Cassels, Potter & Bentley), of Chicago, Ill., and John H. McNeal (of McNeal & McNeal) and Carl A. Schipfer (of McKeehan, Merrick, Arter & Stewart, and George Wm. Cottrell) all of Cleveland, Ohio, for Standard Accident Ins. Co. and Western Foundation Co.

FREED, District Judge.

The libelant, as the owner of the sand-sucker Hydro, brought suit against the City of Cleveland to recover all of the damages which proximately resulted to her from the striking of a hidden obstruction in the Cuyahoga River allegedly placed there by the City of Cleveland while engaged in the demolition of the old Columbus Road Bridge, as the Hydro was passing through the draw of the old Columbus Road Bridge spanning the river on the night of...

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