Legal Opinion
Berwind-White Coal Mining Co. v. City of New York
District Court, S.D. New York
Decided April 21, 1941Published
1Opinion of the Court
BONDY, District Judge.
March 3, 1939, about 4 P. M., during high tide, libellant’s tug “Admiral Dewey” left libellant’s loaded coal barge, “Eureka No. 72”, moored to the north side of Pier No. 99, Hudson River, owned and controlled by the City of New York. About 10:30 P.M., during a falling tide, the “Eureka No. 72” settled on two submerged piles, damaging her bottom and causing her to sink on land under water adjacent to the north side of Pier No. 99. This land has been owned by the New York Central Railroad Company since 1897. About 1905 it erected a trestle approximately eighteen feet wide…
2Cases cited7 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Smith v. BurnettSupreme Court of the United States · 1899
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
- Nassau Sand & Gravel Co. v. Red Star Towing & Transportation Co.Court of Appeals for the Second Circuit · 1932
- Cornell Steamboat Co. v. GladstoneDistrict Court, S.D. New York · 1934
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