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THE MAUI

No. A — 17477.

70 F.Supp. 772 (1947)

THE MAUI. KING v. DELAWARE, L. & W. R. CO. THE DALZELLANCE.

District Court, E. D. New York.

March 18, 1947.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for libelant.

John E. Morrissey, of New York City, for respondent Delaware, L. & W. R. Co.

J. Vincent Keogh, U. S. Atty., of New York City (Vincent A. Catoggio, Sp. Asst. to U. S. Atty., and Gilbert S. Fleischer, both of New York City, of counsel), for respondent the Dalzellance.

BYERS, District Judge.

The scow Maui was damaged on Sunday afternoon, September 10, 1944, by striking her stern at the starboard corner against the S. S. Jerco Topic lying on the north side of the 30th Street pier in Brooklyn, while the scow was being shifted across the slip, from alongside the ship; the tug Dalzellance did the shifting.

The damage consisted in the complete carrying away of the upper and lower stern bumper logs and some adjacent timbers, and...

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