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M. & J. TRACY, INC. v. THE NEWARK

148 F.Supp. 747 (1957)

M. & J. TRACY, Inc., as owner of THE Barge CAPE EDISON, Libellant, v. THE Tug NEWARK, her engines, boilers, etc. and The Pennsylvania Railroad Company, Respondent.

United States District Court S. D. New York.

March 6, 1957.

Attorney(s) appearing for the Case

Macklin, Speer, Hanan & McKernan, New York City, for libellant.

Burlingham, Hupper & Kennedy, New York City, Robert F. Lynch, New York City, of counsel, for respondent.

BONDY, District Judge.

This libel has been brought by the M. & J. Tracy Co., as owner of the Barge Cape Edison, to recover damages alleged to have been sustained through the negligence of the respondents, the Pennsylvania Railroad Company and its tug Rahway. The tug Rahway has been named as a respondent in place of the tug Newark at the beginning of the trial by an order of the Court.

At about 4:35 P.M., on March 17, 1952 the tug Rahway, after landing...

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