Phoenix Const. Associates v. City of New York

GALSTON, District Judge.

The libel alleges that on January 19, 1939 the Phoenix Construction Associates entered into a charter with the City of New York whereby it was provided that the libellants would deliver to the respondent the derrick Bull at a certain agreed rate of charter hire per diem. Delivery was made and it is alleged that the derrick remained in the possession and'control of the City until the 2d of March, 1939. The libel alleges too that the Bull was being.used by the employees of the City on a pier demolition project at Pier 64 North River, and that shortly before noon of that…