Rice v. Cornell Steamboat Co.

BYERS, District Judge.

The libelant’s cause is for substantial damage to the scow Elizabeth R sustained on November 25, 1950, in Haverstraw Bay, in that part called the Basin, where the New York Trap Rock’s Long Cove Quarry was operated.

The precise claim against respondent, as pleaded, is that the latter was negligent in its duty as tower in failing to place the Elizabeth R in a safe berth on the night of November 24th, with the result that on the following day, under great stress of weather, the scow was wrested from her mooring and caused to be washed ashore, whereby the damage was…