Smith Scow Corp., as Owner of the Scow Fred Smith, Libellant-Appellant v. Consolidated Iron & Metal Co.

J. JOSEPH SMITH, District Judge.

This is an appeal in admiralty from a final decree entered in the District Court for the Southern District of New York dismissing the libel upon findings of fact and conclusions of law made by Judge Palmieri. The libel claimed damages for twisting of a scow and damage to its bottom claimed to have been sustained by grounding at respondent’s Newburgh dock, where it was loaded with scrap iron for delivery to New York City.

Libellant’s scow was loaded with 700 tons of baled scrap iron at defendant’s dock at Newburgh, New York, between August 23 and August 26, 1957.…