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NEW YORK TRAP ROCK CORPORATION v. TUG BROOKLYN

No. 176, Docket 28396.

325 F.2d 437 (1964)

NEW YORK TRAP ROCK CORPORATION, as owner of SCOWS EDWARD B. KARR, LOUIS J. CUDAHEY and T. HARRY FEENEY, Libellant-Appellee, v. TUG BROOKLYN, The Arundel Corporation, Claimant-Appellant, and Tug Metropolitan No. 1, Met. 1, Inc., Claimant-Appellee. COLONIAL SAND & STONE CO., Inc., as owner of BARGES M 37 and M 192, Libellant-Appellee, v. TUG BROOKLYN, The Arundel Corporation, Claimant-Appellant, and Tug Metropolitan No. 1, Met. 1, Inc., Claimant-Appellee. The ARUNDEL CORPORATION, as owner of Tug Brooklyn, Libellant-Appellant, v. TUG METROPOLITAN NO. 1, Met. 1, Inc., Claimant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 7, 1964.

Attorney(s) appearing for the Case

Thomas P. Pender, New York City (Hill, Rivkins, Louis & Warburton, New York City, on the brief), for libellant-appellee, New York Trap Rock Corp.

John H. Hanrahan, New York City (Foley & Martin, New York City, on the brief), for appellant.

Max Taylor, New York City (Maurice A. Krisel and Krisel, Beck & Taylor, New York City, on the brief), for appellees, Met. No. 1, Inc., and Colonial Sand & Stone Co., Inc.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

Just above the Narrows in New York harbor, in fair weather and with good visibility in the early morning of May 15, 1959 the tug Brooklyn struck the towing hawser connecting the tug Metropolitan No. 1 with the head scow of her tow of four and caused considerable damage. After a trial Judge Noonan found the Brooklyn solely at fault and dismissed on the merits the libel filed by the Brooklyn and her owner the Arundel Corporation, and they appeal.

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