City of Mount Vernon, New York v. The Esso No. 5 the Esso No. 12. Esso Standard Oil Co. v. City of Mount Vernon, New York

CLARK, Circuit Judge.

This appeal concerns the responsibility for an accident on June 29, 1949, involving the striking of a drawbridge maintained and operated by appellees, the City of Mt. Vernon and the Town of Pel-ham, New York, over Eastchester Creek on South Fulton Avenue between the two municipalities, by appellant’s Barge Esso No. 12 in tow to its Tug Esso No. 5. The district court has placed liability entirely upon the tug, sustaining ap-pellees’ libel for the damages to the bridge and dismissing appellant’s cross libel for damage to its barge. Appellant’s appeal from the final decree…