Shamrock Towing Co. v. City of New York

BYERS, District Judge.

The libelant’s deck scow Francis V. Duffy, having been loaded with about 1,-264 cubic yards (estimated at about 624 tons) of refuse, capsized and sank at the 54th Street dump (Manhattan) at about 3 p. m. on February 3, 1939.

This decision is necessary in order to fix liability for the occurrence.

There was no collision, nor wind-storm, to account for the happening. Whether the load split to indicate improper distribution of weight during the loading operation which- was conducted for the respondent by a private concessionaire, was not shown, for the City’s foreman, who…