Tanker Hygrade No. 12, Inc. v. American Pipe & Construction Co.

GALSTON, District Judge.

Dredge No. 1, owned and operated by the respondent, American Pipe & Construction Company, was engaged, prior to October 13, 1935, in excavating in the New York State Barge Canal over an area beginning at Lock 16 to a point some distance to the eastward, and is alleged while so doing to have dislodged and raised a boulder from the bed of the canal and to have left the boulder lying in the navigable waters of the canal.

On the morning of .that day the tank barge, Hygrade No. 12, loaded with gasoline and pushed by the tug Celtic which had her in tow, while proceeding in…