Tanker Hygrade No. 10, Inc. v. Fidelity

RIFKIND, District Judge.

Between midnight and dawn of November 29, 1938, the Tanker Hygrade, in tow of the tug Crow, stranded alongside buoy No. N-76 on the east side of the Hudson River, near Van Wies Point. For the damage caused to the tanker the libellant seeks to impose liability on the tug Fidelity. It is charged that the Fidelity crowded the Crow and the Hygrade out of the channel. The libellant places the time of the stranding at 5:30 A.M. The claimant asserts that at 5:30 A.M. the Fidelity was many miles below buoy No. N-76 and that it could not, therefore, have been guilty of the…