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THE WILMER S. NICKERSON

No. 17205.

58 F.Supp. 777 (1945)

THE WILMER S. NICKERSON. STAPLES v. EVANS TRANSP. CORPORATION et al.

District Court, E. D. New York.

January 31, 1945.

Attorney(s) appearing for the Case

Mahar & Mason, of New York City (Frank Mason, of New York City, of counsel), for libellant.

Forest E. Single, of New York City, for Evans Transp. Corporation.

Daniel Miner, of New York City (Allen M. Taylor, of New York City, of counsel), for Schiavone-Bonomo Corporation.

GALSTON, District Judge.

The scow Nickerson, under charter to the Evans Transportation Corporation, arrived loaded with miscellaneous scrap iron at the plant of the Schiavone-Bonomo Corporation in Newtown Creek on December 28, 1943. Negligent unloading of the cargo, it is alleged, caused damage to the scow.

Competent testimony as to the seaworthiness of the scow leads to the conclusion that the deck planks and beams were in good condition prior to the arrival...

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