BYERS, District Judge.
The question for decision in this cause is whether the libelant has proved that a deck plank in its scow Sands Point was damaged as the result of being struck by a bucket during the course of the discharge of a cargo of sand on August 4, 1942.
It is undisputed that the scow arrived at the coal pier at Riker's Island, loaded with sand, from Stamford, Conn., and that she lay moored, port side to.
Unloading was started on the afternoon...
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