Hirsch Lumber Co. v. C. Ottaviano & Co.

MANTON, Circuit Judge.

There were three libels filed below for losses arising out of the happening to which we will refer herein. These suits were tried together and resulted in a decree for the Hirsch Lumber Company against C. Ottaviano & Co., Inc., for damage to a cargo of lumber. C. Ottaviano & Co., Inc., alone appeals.

The Hirseh Lumber Company shipped a cargo of lumber on the deck of the lighter Only Sister, consigned to E. W. McClave & Son, Inc., at its wharf on the Passaic river, Patterson, N. J. Arriving at the wharf at 3 a. m. on September 29, 1922, the lighter was made fast to a…