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FINLAY v. SMITH

No. A-17383.

65 F.Supp. 801 (1946)

FINLAY v. SMITH. THE EVELETH.

District Court, E. D. New York.

June 4, 1946.

Attorney(s) appearing for the Case

Purdy & Lamb, of New York City (Edmund Lamb, of New York City, of counsel), for libellant.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for respondent-claimant.

GALSTON, District Judge.

The tug Eveleth, on April 29, 1943, with the libellant's wooden oil tank barge and a small scow in tow, left Arverne, Long Island, bound for Barnegat City, New Jersey. Within a few hours thereafter the oil barge sank. The loss is charged to the tug for having undertaken the tow in the prevailing weather conditions of wind and sea.

The answer denies fault on the part of the tug and ascribes the sinking solely to the unseaworthy condition...

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