Warren Gordon Lighterage Co. v. McAllister Towing & Transportation Co.

S.D. New York

Warren Gordon Lighterage Co. v. McAllister Towing & Transportation Co.

12 F.2d 779, 1926 U.S. Dist. LEXIS 1126

DecidedMay 8, 1926

StatusPublished

This text of 12 F.2d 779 (Warren Gordon Lighterage Co. v. McAllister Towing & Transportation Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Warren Gordon Lighterage Co. v. McAllister Towing & Transportation Co., 12 F.2d 779, 1926 U.S. Dist. LEXIS 1126 (S.D.N.Y. 1926).

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Opinion

AUGUSTUS N. HAND, District Judge.

I grant the decree for the libelant against the McAllister Towing & Transportation Company, and allow the claim of the libelant for any physical damages which it suffered by reason of the injuries to its barge, together with interest at 6 per cent, from the time of the filing of the libel. I also grant a decree for any charter hire which may not have been paid, but the amount of such unpaid charter hire, if any, shall be determined by the commissioner.

The interlocutory decree should also provide for a remedy over against the United States to the extent of the damages suffered by reason of the injuries to the barge, but without interest against the government. Interest cannot be allowed, where remedy, as here, is sought under the Tucker Act (Judicial Code, § 24 [20]), being Comp. St. § 991.

Settle interlocutory decree on notice. Henry E. Mattison, Esq., is named as commissioner.

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AUGUSTUS N. HAND, District Judge.

I grant the decree for the libelant against the McAllister Towing & Transportation Company, and allow the claim of the libelant for any physical damages which it suffered by reason of the injuries to its barge, together with interest at 6 per cent, from the time of the filing of the libel. I also grant a decree for any charter hire which may not have been paid, but the amount of such unpaid charter hire, if any, shall be determined by the commissioner.

The interlocutory decree should also provide for a remedy over against the United States to the extent of the damages suffered by reason of the injuries to the barge, but without interest against the government. Interest cannot be allowed, where remedy, as here, is sought under the Tucker Act (Judicial Code, § 24 [20]), being Comp. St. § 991.

Settle interlocutory decree on notice. Henry E. Mattison, Esq., is named as commissioner.

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Bluebook (online)

12 F.2d 779, 1926 U.S. Dist. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-gordon-lighterage-co-v-mcallister-towing-transportation-co-nysd-1926.