Callanan Road Improvement Co. v. Cayuga Construction Corp.

OPINION

McLEAN, District Judge.*

This is a suit in admiralty by the owner of five barges which in the sümmef' of 1963 were employed in transporting rip rap stone from a quarry in Secaucus, New Jersey, to Port Elizabeth, New Jersey, where the stone was used by defendant in constructing a wharf for the Port of New York Authority. Plaintiff claims that each of the barges was severely damaged in the course of discharging operations carried on by defendant. Plaintiff contends that it is entitled to recover for that damage on two theories: (1) that defendant expressly agreed to pay plaintiff for all…