New York Trap Rock Corp. v. City of New York

ABRUZZO, District Judge.

Libelant as the owner of the scow DeWitt E. McKinstry instituted this suit in Admiralty to recover from the City of New York damages sustained to the^ scow by reason of an alleged unsafe berth at the New York City Asphalt Plant at Flushing Creek, Flushing, New York.

On October 18, 1948, the scow loaded with 615 cubic yards of screenings (approximately 800 tons) left Tompkins Cove, New York, bound for the New York City Asphalt Plant at the mouth of Flushing Creek. The City of New York was consignee of the cargo. The scow was towed down the North River and arrived at the…