Erie R. v. Long Island R.

GALSTON, District Judge.

The facts in this cause have been stipulated.

On January 13,1931, the steamtug Patch- - ogue was engaged in landing the carfloat D., L. & W. Fo. 30 at the dock of the Long Island Railroad Company, claimant, at Long Island. City. The carfloat of the libelant lay moored at the claimant’s dock. As a result of the negligence of the tug, the libelant’s carfloat sustained the damage which is the subject of this suit. The negligence is admitted.

The defense, however, is that on July 31, 1920, the claimant notified the libelant that on and after September 1, 1920, the claimant…