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CARGILL, INCORPORATED v. TRANSAMERICAN STEAMSHIP CORP.

215 F.Supp. 530 (1962)

CARGILL, INCORPORATED, as owner of the North and South Loading Gallery Dock Installations, in the Port of Albany, State of New York, Libellant, v. TRANSAMERICAN STEAMSHIP CORPORATION and American Union Transport, Inc., Respondents, and Matton Transportation Co., Inc., Respondent-Impleaded, TUG JOHN E. MATTON, Tug John E. Matton, Inc., Claimant-Impleaded. AMERICAN UNION TRANSPORT, INC., as owner of the STEAMSHIP TRANSUNION, Libellants, v. MATTON TRANSPORTATION CO., Inc., Respondent.

United States District Court S. D. New York.

July 6, 1962.

Attorney(s) appearing for the Case

Dougherty, Ryan, Mahoney & Pellegrino, New York City, for Transamerican S. S. Corp. and American Union Transport, Inc. (Thomas J. Short, New York, City, of counsel).

Mudge, Stern, Baldwin & Todd, New York City, for Cargill, Inc. (Robert P. Shaughnessy, New York City, of counsel).

Mahar & Mason, New York City, for Tug John E. Matton, and Matton Transportation Co., Inc.

THOMAS F. MURPHY, District Judge.

By stipulation and approval of the court this trial was limited to the issues raised by the first cause of action pleaded in the libel, which is for damages sustained by libellant's Albany dock and grain elevator facilities when they were struck by the S. S. Transunion on September 19, 1957. It was also stipulated that libellant, Cargill, Inc., is entitled to a decree against either or both of the vessels and their owners for the...

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