Zeller Marine Corp. v. Nessa Corp.

RIF-KIND, District Judge.

Libellant moves to overrule the exceptions filed by the respondent to the report of a special commissioner appointed to assess damages, and for a confirmation of the report. The assessment of damages was referred by an interlocutory decree, entered on consent, which provided that libellant recover from respondent the provable damages to the extent of 90% thereof, without interest or costs to the date of the entry of the interlocutory decree.

*797On November 20, 1941, a cargo of steel girders was unloaded from libellant’s scow by respondent. During the operation some of the…