O'Brien Bros. v. City of New York

INCH, District Judge.

The facts briefly are that in the afternoon of September 19, 1923, libelant's two scows, Morning Light and Starlight, hired out to the city by libelant, had been completely loaded with rubbish by the street cleaning department of the city of New York — the Morning Light at the Canal street dock, and the Starlight at the Stanton Street dock. They were then towed by a tug up to Rikers Island, and moored together with a number of other tugs alongside the bulkhead at plant No. 1.

So far as I can see, there was nothing unusual about the loading of the rubbish on these boats.…