ULSTER OIL TRANSP. CORP. v. THE H. A. MELDRUM

No. A-19211.

122 F.Supp. 767 (1954)

ULSTER OIL TRANSP. CORP. v. THE H. A. MELDRUM et al. THE PETROLEUM NO. 7. THE BRIDGEPORT.

United States District Court E. D. New York.

July 9, 1954.


Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, proctors for libellant, by Martin J. McHugh, New York City, advocate.

Mahar & Mason, New York City, proctors for claimant-respondent, by Frank C. Mason, New York City, advocate.

Foley & Martin, New York City, proctors for claimant-impleaded, by James A. Martin and Warren J. Martin, New York City, advocates.


BYERS, District Judge.

On October 26, 1948, the libellant's steel barge Petroleum No. 7 in tow to the tug H. A. Meldrum was proceeding westerly through the Barge Canal and at about 1:00 A.M. was caused to rub along the bank on the starboard side and a stone described as about the size of a man's fist penetrated the bilge plate in the way of No. 5 tank, which is the damage sought to be recovered in this cause.

The tow was made up in push fashion and as such...

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