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CUNNINGHAM v. CITY OF NEW YORK

No. 17568.

91 F.Supp. 460 (1950)

CUNNINGHAM v. CITY OF NEW YORK et al. THE CONFIDENCE.

United States District Court E. D. New York.

July 13, 1950.

Attorney(s) appearing for the Case

Frank G. Colgan, of Brooklyn, N. Y., for libellant.

John P. McGrath, New York City, Corporation Counsel, City of New York (Joseph T. Caponigri, New York City, of counsel), for respondent City of New York.

Macklin, Speer, Hanan & McKernan, New York City (Leo F. Hanan, New York City, of counsel), for respondent Colonial Sand & Stone Co., Inc.

BYERS, District Judge.

Libellant's Steamtug Confidence (68' long by 17' in beam, with draft of 8') capsized and sank at the north side of Pier No. 93 North River on May 23, 1944, as the result of the lower guard rail on her starboard side being caught on a broken pile of the Pier which was about 150 or 200 feet outboard from the bulkhead. She had been moved from her previous berth which was close to the bulkhead, by the respondent Colonial Sand & Stone Co., Inc...

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