Harbor Transportation Co. v. Gowanus Towing Co.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

BERNARD NEWMAN, Senior Judge of the United States Court of International Trade,

sitting by designation:

Introduction

Plaintiff seeks to recover damages in the sum of $300,000 arising from the sinking of its barge and cargo, alleging that the sinking resulted from defendant’s negligence during the course of defendant’s towage of plaintiff’s barge. Further, plaintiff contends and there is no dispute, that this is a Rule 9(h) cause of action and is within this court’s admiralty and maritime jurisdiction under 28 U.S.C. § 1333(1).

Trial was held to the…