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LONG ISLAND RAILROAD CO. v. THE NEW YORK CENTRAL NO. 25

182 F.Supp. 100 (1960)

LONG ISLAND RAILROAD COMPANY, as owner of THE tug PATCHOGUE, Libellant, v. THE Carfloats NEW YORK CENTRAL NO. 25 and THE NEW YORK CENTRAL NO. 66 and The New York Central Railroad Company, Respondent, and THE Carfloat LEHIGH VALLEY NO. 1703 and THE tug LEHIGH VALLEY HAZELTON and Lehigh Valley Railroad Company, as owner of said carfloat and tug, Respondent-Impleaded.

United States District Court S. D. New York.

March 25, 1960.

Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, for libellant. Kenneth Volk, New York City, of counsel.

Gerald E. Dwyer, New York City, for respondent. William F. McGinn, New York City, of counsel.

Pyne, Brush, Smith & Michelsen, New York City, for respondent-impleaded. Albert Robin, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

This is a libel in personam against the New York Central Railroad (Central) and in rem against Central Carfloats Nos. 66 and 25, brought by the Long Island Railroad (Long Island) for collision damage to its tug Patchogue. The respondent impleaded the Lehigh Valley Railroad (Lehigh) pursuant to Admiralty Rule 56, 28 U.S.C.A. The jurisdiction of this court and the ownership of the various vessels is admitted. The facts...

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