Red Star Barge Line, Inc. v. The Russell No. 7

This proceeding in admiralty was instituted by the libellant to recover damages to its scow Seaboard No. 35 alleged to be caused by her grounding at low water alongside the dock of Tully & DiNapoli, Inc., in Flushing Creek, New York, on the morning of June 9, 1945.

The libellant appeals from a final decree dismissing the libel and the petition filed by the claimant of the tug impleading Tully & DiNapoli, Inc., under the 56th Rule in Admiralty, 28 U.S.C.A. following section 723.

Tully & DiNapoli were the occupants of a dock known as Simpson’s dock in Flushing Creek, and had been such occupants…