Callanan Marine Corp. v. McAllister Bros.

OPINION

GOETTEL, District Judge:

This case presents rather perplexing problems in identifying the party responsible for the sinking of the unmanned scow FREDERICK STARR NO. 52 (the “Scow”).1 The Scow’s owner and insurer have sued the towing company that last moved the vessel and the customer who had possession of it when it sank.2 As the following description reveals, although the plaintiffs established many facts during the trial, they did not succeed in showing which of the two defendants caused the sinking.

Plaintiff Callanan Marine Corporation (“Callanan”), the owner of the Scow, is a New…