299 F. 500 | 2d Cir. | 1924
One decree, as entered in the court below, granted a limitation of liability to the Cahill Towing Line, Inc., as owner of the steam tug R. J. Moran on its petition, and fixed its value at $5,500. The appellant, as owner of the steam tug J. C. Hartt, and P. Sanford Ross, Inc., as owner of the scow 9-S, have each been allowed a recovery of one-half of this sum. In the other decree, the libel against P. Sanford Ross, Inc., and the petitioned-in appellees was dismissed.
. On May 2, 1919, the Moran left Shadyside, N. J., with two loaded mud scows in tow on a hawser tandem, and proceeded down the North River bound for Pier 40, Brooklyn. The hawser between the tug and the first scow was 90 feet long, and there were 3 feet between it and the second scow, the 9-S. It is estimated that the tow was about 400 feet long. The steamship Isanti, without steam, was proceeding from Pier 66, E. R., to the Bay Ridge anchorage, in tow of the tugs Holbrook and Sherman, assisted by the tugs W. S. Holbrook and G. S. Dalzell. The master of the Holbrook was on the steamer’s bridge in charge. There was a hawser between the W. S. Holbrook from the steamer’s port bow, one from the Sherman to the starboard bow, one from the Holbrook made fast to the port quarter, one from the Dalzell to the starboard quarter. The weather was clear, the wind southwest and the tide the last of the ebb. The towing of the Isanti, which was owned by the United States government, was performed by the Holbrook Towing Line; it agreeing to furnish tugs to shift the steamer to her anchorage. The Holbrook Towing Line employed the Dalzell, which was engaged through the Fred B. Dalzell & Co., Inc., its agents. The other three tugs were operated by the Holbrook Towing Line. On the bridge with the master of the Holbrook was the steam
The decree below properly placed the limitation of liability of the Moran at $5,500, but, since it divides the damages between the owners of the Hartt and the‘ scow 9-S, it must be modified so as to award the owner and claimant of the scow 9-S the full sum fixed in the limitation of liability. The decree in Cornell Steamboat Company against P. Sanford Ross, Inc., and others, interpleaded, is affirmed.
Decrees modified and affirmed, without costs.
<§=>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes