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CLEARY BROTHERS v. CALLANAN ROAD IMPROVEMENT CO.

No. 19732.

138 F.Supp. 34 (1956)

CLEARY BROTHERS, as owners of THE CLEARY NO. 74, Libelant, v. CALLANAN ROAD IMPROVEMENT CO., Respondent, and East Kingston Brick Co., Respondent-Impleaded.

United States District Court E. D. New York.

February 14, 1956.

Attorney(s) appearing for the Case

Foley & Martin, New York City, for libelant, by John H. Hanrahan, Jr., New York City, Advocate.

Mahar & Mason, New York City, for respondent, by Frank C. Mason, New York City, Advocate.

Pyne, Lynch & Smith, New York City, for respondent-impleaded, by Vincent J. Ryan, New York City, Advocate.

RAYFIEL, District Judge.

Cleary Brothers, the libelant, hereinafter referred to as Cleary, is the owner of the scow Cleary No. 74, which is without motive power. It filed a libel herein against Callanan Road Improvement Company, hereinafter called Callanan, alleging that while the scow was under charter to Callanan it sustained certain damage. Callanan impleaded the East Kingston Brick Company, hereinafter called East Kingston, claiming that the damage referred to...

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