Shamrock Towing Co. v. City of New York

MANTON, Circuit Judge.

Appellee recovered below for damages to its scow Green Bay, which, while loaded with city ashes and rubbish, caught fire and burned. This scow, with the city’s department of street cleaning scow No. 56, was in tow of the tug Joseph J. Flannery, owned and operated by the appellant Flannery Towing Line, Inc., and both were loaded, having received their cargo at the Stanton street dump at 6:10 on the morning of April 15, 1926. The ashes were wet down by sprinkling water, with a hose, on the entire load when loaded, and again on the morning of April 16th. A tally clerk, who…