190 F2d 1023 Southern Transportation Company the Bango v. City of New York

190 F.2d 1023

SOUTHERN TRANSPORTATION COMPANY, as owner of THE Barge BANGO, Libellant-Appellee,
v.
CITY OF NEW YORK, Respondent-Appellant, and THE Steamtug RAYMOND CARD, her engines, boilers, etc., Card Towing Line, Inc., THE Steamtug GUIDING STAR, her engines, boilers, etc., and McAllister Bros., Inc., Respondents-Appellees.

No. 277.

Docket 22014.

United States Court of Appeals Second Circuit.

Argued June 12, 1951.

Decided June 28, 1951.

Appeal from the United States District Court for the Southern District of New York.

The City of New York appeals from an interlocutory decree holding the City and Card Towing Line, Inc., claimant of the tug Raymond Card, jointly liable for damages sustained by the libellant's barge by reason of colliding with the abutment of the Greenpoint Avenue Bridge. Cross assignments of error were filed by Card Towing Line, Inc. Judgment affirmed.

John P. McGrath, Corporation Counsel, New York City, Edwin M. Bourke, New York City, of Counsel, for appellant.

Foley & Martin, New York City, Christopher E. Heckman, New York City, of counsel, for Card Towing Line, Inc., appellee.

Nelson, Healy, Baillie & Burke, New York City, Allan A. Baillie, New York City, of counsel for libellant-appellee.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and L. HAND, Circuit Judges.

PER CURIAM.

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Judgment, D. C., 98 F.Supp. 967, affirmed on the opinion below.