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METROPOLITAN SAND & GRAVEL CORP. v. THE DWYER NO. 25

130 F.Supp. 172 (1954)

METROPOLITAN SAND & GRAVEL CORPORATION, Libelant, v. THE DWYER NO. 25, and THE RUSSELL NO. 1, Respondents. DWYER LIGHTERAGE, Inc., as owner of THE DWYER NO. 25, Libelant, v. THE RUSSELL NO. 1, her engines, etc., Russell Bros. Towing Co., Inc., Claimant, and New York Trap Rock Corporation, Respondent.

United States District Court, S. D. New York.

December 10, 1954.

Attorney(s) appearing for the Case

Krisel Beck & Taylor, New York City, by Irving A. James, New York City, of counsel, for libelant.

Macklin, Speer, Hanan & McKernan, New York City, by Charles J. Carroll, Jr., New York City, of counsel, for Dwyer Lighterage Inc.

Alexander & Ash, New York City, by Edward Ash, New York City, of counsel, for Russell Bros. Towing Co., Inc.

Hagen & Eidenbach, New York City, by Nelson J. Johnson, New York City, of counsel, for New York Trap Rock Corp.

GODDARD, District Judge.

These two suits have been consolidated for the purpose of trial. The suit by the Metropolitan Sand & Gravel Corporation [hereinafter referred to as Metropolitan] against the barge Dwyer No. 25 and the tug Russell No. 1 is to recover damages to its dock at 31st Avenue and 120th Street, College Point, New York, on the night of August 30-31, 1951.

The suit by the Dwyer Lighterage, Inc...

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