Berwind White Coal Mining Co. v. City of New York

FRANK J. COLEMAN, District Judge.

Libelant’s coal barge foundered at Pier 74 on May 1,1926 and recovery is sought from the city of New York, which owned the pier, and from the Compagnie Transatlántica Italiana, which controlled the pier at that time, and to whom the barge was consigned. The injury was caused by the barge resting upon the top of a broken fender pile which on the falling tide stove a hole in the bottom of the barge.

About six weeks before the accident the respondent Compagnie Transatlántica Italiana had made application to the city of New York for what it called a lease of the…