THE DOROTHY G., 16919.

• Decision Date: 12 May 1944
• Docket Number: No. 16919.,16919.
• Citation: THE DOROTHY G., 55 F.Supp. 318 (E.D. N.Y. 1944)
• Parties: THE DOROTHY G. THE BUCHANAN SISTERS. F. E. GRAUWILLER TRANSP. CO. v. COLONIAL SAND & STONE CO., Inc.
• Court: U.S. District Court — Eastern District of New York

55 F. Supp. 318

THE DOROTHY G THE BUCHANAN SISTERS F. E. GRAUWILLER TRANSP. CO. v. COLONIAL SAND & STONE CO., Inc.

No. 16919.

District Court, E. D. New York.

May 12, 1944.

Foley & Martin, of New York City, (Christopher E. Heckman, of New York City, of counsel), for libellant.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan and Richard S. Leahy, both of New York City, of counsel), for respondent.

Mahar & Mason, of New York City (Frank C. Mason, of New York City, of counsel), for claimant impleaded.

GALSTON, District Judge.

On September 25, 1943, at about 3:45 P.M., the Dorothy G, a barge then loaded with a full cargo of gravel or broken stone, was brought to the plant of the Colonial Sand & Stone Co., Inc., at Flushing, Long Island, in tow of the tug Buchanan Sisters. The respondent was the consignee of the cargo. The Dorothy G was moored with her port alongside the starboard side of the Warning Light. The Warning Light was moored next to respondent's plant. The relative position of the Dorothy G with respect to the Warning Light is significant, for instead of being wholly abreast, the bow of the Dorothy G was approximately abreast of the middle bitt of the Warning Light, which was but partly loaded at the time. The tide at this time was the last of the ebb, and the wind, from the northeast, was blowing and had been blowing with force for some hours. Employees of the Colonial Sand & Stone Co. were on the dock and assisted in making fast the Dorothy G. Somewhat later in the afternoon, at about 7 P.M., employees of the Colonial Sand & Stone Co., on a flood tide, shifted the Dorothy G by moving her forward so that the bows of the two scows were about flush. She remained in that berth Saturday night and on Sunday afternoon, at about low water, the scowman heard a noise, apparently coming from the hold, and on exploring, found the boat leaking. An inspection on Monday disclosed some bottom planks had been...