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UNITED STATES v. THE YACONA

No. 247/1950.

112 F.Supp. 863 (1953)

UNITED STATES v. THE YACONA et al.

United States District Court E. D. Pennsylvania.

May 28, 1953.

Attorney(s) appearing for the Case

Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., Alfred L. Luongo, Asst. U. S. Atty., Philadelphia, Pa., Joseph G. Hildenberger, U. S. Atty., Philadelphia, Pa., William T. Foley, Jr., Admiralty Trial Attorney, United States Department of Justice, Washington, D. C., for the United States.

Krusen, Evans & Shaw, Thomas E. Byrne, Jr., Philadelphia, Pa., Joseph J. Murphy, Philadelphia, Pa., of counsel, for The Yacona.

Barnes, Dechert, Price, Myers & Rhoads, Philip Price, Philadelphia, Pa., F. Hastings Griffin, Jr., Philadelphia, Pa., of counsel, for Pennsylvania R. Co.

GANEY, District Judge.

The suit here involved was brought by the United States for damages caused to a dolphin when it was struck by the motor vessel Yacona. The latter has impleaded The Pennsylvania Railroad Company as the owner and operator of a drawbridge spanning the Chesapeake and Delaware Canal. The amount of damages is admitted to be $4,565. The issues posed are: were both or just one of the respondents responsible, or was the damage unavoidable. From the evidence...

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