Legal Opinion

Newtown Creek Towing Co. v. City of New York

District Court, E.D. New York

Decided March 28, 1931No. 11515PublishedCited by 2 opinions

1Opinion of the Court

BYERS, District Judge.

On July 26, 1929, libelant’s tug proceeded up-stream through the Grand Street bridge over Newtown Creek, at about 7:30 a. m.; the bridge having been opened for that purpose. The tug, having arranged a berth for a barge, sought to return through the bridge to tow the barge to the berth.

The return could not be made because the bridge could not be opened, due to the breaking of a concealed element in the hoisting gear.

The municipal authorities speedily (by 9:00 o’clock or thereabouts) proceeded to dismantle the machinery, and succeeded in releasing the affected member and…

2Cases cited4 opinions

  1. Clement v. Metropolitan West Side El. Ry. Co.Court of Appeals for the Seventh Circuit · 1903
  2. Great Lakes Towing Co. v. Masaba S. S. Co.Court of Appeals for the Sixth Circuit · 1916
  3. Donovan v. New York Cent. R.District Court, S.D. New York · 1926
  4. Pettit v. Board of Chosen FreeholdersCourt of Appeals for the Third Circuit · 1899

3Cited by2 opinions

  1. Nassau County Bridge Authority v. Tug Dorothy McAllisterDistrict Court, E.D. New York · 1962
  2. Chester A. Poling, Inc. v. City of New YorkDistrict Court, E.D. New York · 1939

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