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SCHEFFLER v. MORAN TOWING & TRANSP. CO.

May 17, 1933

SCHEFFLER
v.
MORAN TOWING & TRANSPORTATION CO., Inc., et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This suit is brought by the libelant to recover from the respondents damages for personal injuries alleged to have been received by libelant while employed as a seaman on the tugboat Margaret A. Moran.

I find the facts as follows:

 At all the times hereinafter mentioned, and at the time of the trial, the respondent Moran Towing & Transportation Company, Inc., was a corporation duly organized and existing under and by virtue of the laws of the state of New York.

 At all the times hereinafter mentioned, and at the time of the trial, the respondent Tug Margaret A. Moran Corporation was a corporation duly organized and existing under and by virtue of the laws of the state of New York.

 The Libelant is a resident of the borough of Brooklyn, city of New York, and was on the day in question a seaman, and in or about September, 1931, shipped aboard the tugboat, Margaret A. Moran, as a cook, and was acting as such on board said vessel on September 29, 1931, at the rate of wage of $90 a month.

 The libelant was an experienced deck hand and had formerly served as such, and, as a part of his duties as cook, he was, as was customary, required to perform the duties of stern line deck hand when required.

 At all the times hereinafter mentioned, and at the time of the trial, the respondent Tug Margaret A. Moran Corporation was the owner of the tug Margaret A. Moran.

 At all the times hereinafter mentioned, and at the time of the trial, the respondent Moran Towing & Transportation Company, Inc., operated the tugboat Margaret A. Moran under a bare boat charter, and as such charterer did man, victual, and navigate said tugboat at its own expense.

 The full crew supplied by the charterer, the respondent Moran Towing & Transportation Company, Inc., consisted of the master, engineer, deck hand, fireman, and cook.

 On the morning of September 29, 1931, the tug left Pier 1, New York, with all of the crew aboard except the deck hand who had missed the boat.

 During the absence of the deck hand, the tug proceeded down to Erie Basin, to Robinson's Dry Dock. She then did a couple of jobs there and followed up a steamer to the West Shore Railroad, North River, on the New Jersey side of the river, Pier 7. After finishing the job there, she went over to Fifty-Third street, North River, right across the river, and made fast, and the master of the tug went ashore.

 The master returned aboard and told the libelant he had two scows to pick up.

 The tug then let go and went on the lower side of the pier and picked up one scow and put her on the end of the pier, and then went on the other side of the pier, the other slip, and picked up another scow and put her alongside the first scow, both scows being headed up the river, and the tide ebb.

 The scows were made fast with a head line, and the tug was outside.

 After returning from the shore again, the master put the straps one on the forward end of each of the ...


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