W. E. Hedger Transp. Corp. v. Hart

GALSTON, District Judge.

The libel and the cross libel by consent were consolidated at the trial.

On April 23, 1945, at about 7:30 A.M., the tug Brimstone, with the loaded barge M. A. Lenahan on her port side, and the loaded barge A. J. Ruddy on her starboard side, was proceeding on a flood tide toward Whitestone, and was then somewhere between North Brother Island and South Brother Island, in the East River, on her own starboard side of the channel. It is agreed that there was practically no wind and that the visibility was clear. Proceeding from the opposite direction, and then probably about…