Atlantic Lighterage Corp. v. Davis — 241 N.Y. 573

Majority

p. 573

Atlantic Lighterage Corporation, Respondent, v . James C. Davis, Director General of Railroads, Appellant.

Headnote

Negligence — ships and shipping — damage to chartered barge through collision — dangerous mooring place.

Atlantic Lighterage Corp. v. Davis, 212 App. Div. 814 , affirmed.

(Argued October 29, 1925;

decided December 1, 1925.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover for damage to plaintiff’s barge demised to the defendant under an oral charter and returned in a badly damaged condition as result of a collision. Plaintiff alleged that defendant, his agents or servants, moored the barge at the end of a pier at a place in the East river known to be dangerous on account of the narrowness of the river and strong flood tides which drove against the pier in question and that by reason

p. 574

thereof two passing barges were driven against plaintiff’s barge causing the damage complained of.

William J. Dean and Van Vechten Veeder for appellant.

James M. Gorman and William Van Wyck for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.