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THE CORNELL NO. 41

No. 16071.

47 F.Supp. 725 (1942)

THE CORNELL NO. 41. CORNELL STEAMBOAT CO. v. CITY OF NEW YORK.

District Court, E. D. New York.

August 13, 1942.

Attorney(s) appearing for the Case

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

William C. Chanler, Corporation Counsel, of New York City (George S. Franklin, Asst. Corporation Counsel, of New York City, of counsel), for respondent.

CAMPBELL, District Judge.

This is a suit for damages sustained by the libellant's tug Cornell No. 41, about 9:25 o'clock p. m. on July 17, 1940, through a collision between the top of the tug and some scaffolding on the under side of the Third Avenue Bridge over the Harlem River.

On June 4, 1940, the respondent sent out, and the libellant received, a notice that repairs were to be made to the Third Avenue Bridge, and that scaffolding was to be hung over the...

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