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SEARS NAVIGATION CO. v. THE COYNE SISTERS

No. 18024.

106 F.Supp. 511 (1952)

SEARS NAVIGATION CO., Inc. v. THE COYNE SISTERS et al. THE ROME SEARS.

United States District Court E. D. New York.

March 20, 1952.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, Proctors for Libellant, by Leo F. Hanan, New York City, James N. Allan, New York City, of counsel.

Mahar & Mason, New York City, Proctors for claimant, by Frank C. Mason, New York City, of counsel.

INCH, Chief Judge.

Libellant, owner of the barge Rome Sears, brings this action against the tug Coyne Sisters to recover damages sustained by the barge when it was grounded on October 28, 1945, in the New York State Barge Canal while in tow of the tug.

The tug admits the barge was grounded while in tow, but contends the grounding occurred on an uncharted bar of stones and gravel in the canal channel. Libellant, on the other hand, contends that the tug negligently...

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