Lavino Shipping Co. v. O'Leary

BARD, District Judge.

This is a suit to recover the value of stevedoring services furnished by the libellant to the respondent in loading a quantity of stone. The respondent, by way of cross-libel, seeks to setoff against libellant’s claim the asserted value of libellant’s services in connection with a portion of the stone which was lost when the barge on which the libellant had loaded the stone capsized.

On the basis of the pleadings and the testimony adduced at the trial of this cause, I make the following special

Findings of Fact:

1. On September 12, 1944, the respondent Joseph Magistrelli…