LYNCH v. THE EDWARD S. ATWOOD

No. A-17048.

82 F.Supp. 722 (1949)

LYNCH v. THE EDWARD S. ATWOOD et al. THE SEABOARD NO. 20. THE COMRADE. THE ABIQUA.

United States District Court E. D. New York.

February 25, 1949.


Attorney(s) appearing for the Case

Foley & Martin, of New York City (Christopher E. Heckman, of New York City, and Edward J. Ryan, of Rochester, N. Y., of counsel), for libellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Frederic Conger, of New York City, of counsel), for The Edward S. Atwood and Agwilines, Inc.

Haight, Griffin, Deming & Gardner, of New York City (Henry M. Hewitt, of New York City, of counsel), for claimant Merritt-Chapman & Scott Corporation.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Leo J. Curren, Sp. Asst. U. S. Atty., of counsel), for the United States.


BYERS, District Judge.

This is a scow damage cause in which it must be deemed to have been shown that libellant's wooden scow Seaboard No. 20 was squeezed between the derrick Comrade and the north side of Pier 36 N.R. on January 13, 1944, at approximately 5:45 P.M., Eastern War Time.

Puzzling questions of both fact and law are presented by the pleadings and the evidence.

The scow sank, decks to, at Pier 34, about an hour or less after she had been...

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