Empire-Park Square Lumber Company, Libellant-Appellee v. Manhattan Lighterage Corporation

GALSTON, District Judge.

This is an appeal from an interlocutory decree dated February 28, 1957, determining that libellant recover from respondent for a partial loss of and damages to a cargo of lumber.

In March of 1954, Manhattan Lighter-age Company contracted with appellee Empire-Park Square Lumber Company, to transport a quantity of Empire’s lumber from Port Newark, New Jersey, to Empire’s yard on Newtown Creek, Brooklyn, New York. On March 16, 1954, the lumber was loaded aboard Manhattan’s lighter, the “Ambassador,” and at about 4:30 or 5:00 a. m., Manhattan’s tug arrived at Empire’s yard…