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THE MCALLISTER NO. 55

April 10, 1934

THE McALLISTER NO. 55 et al.; McALLISTER et al.
v.
FEDERAL SHIPBUILDING & DRY DOCK CO.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

The above-entitled libel and cross-libel were tried together. They were filed to recover damages sustained as a result of the parting of a sling, the equipment of the lighter McAllister 55, which was engaged in removing a condenser from the engine room of the steamship Sacandaga to the deck of the McAllister 55.

The condenser, in falling, struck the side of the steamship Sacandaga, damaging that vessel, and then fell on a new condenser on the deck of the McAllister 55, damaging the new condenser as well as the deck of the derrick lighter.

 The first above-entitled suit was instituted by Federal Shipbuilding & Dry Dock Company to recover the cost of repairing the steamship Sacandaga and the new condenser. The second above-entitled suit was instituted by John E. McAllister, James P. McAllister, and William H. McAllister, as copartners doing business under the firm name and style of McAllister Lighterage Line, to recover the damages sustained by the lighter McAllister 55.

 At all the times hereinafter mentioned and at the time of the trial, Federal Shipbuilding & Dry Dock Company was a New Jersey corporation.

 At all the times hereinafter mentioned, John E. McAllister, James P. McAllister, and William H. McAllister were copartners doing business under the firm name and style of McAllister Lighterage Line, and the owners and operators of lighter 55, which up to the time of the happening hereinafter described was tight, staunch, strong, and in all respects seaworthy.

 During the pendency of process hereunder, the lighter McAllister 55 was within this district and the jurisdiction of this court.

 This court has jurisdiction and its jurisdiction is conceded.

 In August, 1932, the Federal Shipbuilding & Dry Dock Company, desiring to remove a condenser from the engine room of the steamship Sacandaga and to install a new one in its place, communicated with the said McAllisters, doing business under the firm name and style of McAllister Lighterage Line, the owners of the lighter McAllister 55, requesting the services of a derrick lighter capable of lifting a condenser weighing approximately 15 1/2 tons through the hatch of a ship 45 feet above the surface of the water, and was informed that said McAllisters, doing business under the firm name and style of McAllister Lighterage Line, could furnish a vessel capable of performing such service, at the rate of $75 per day, and towing charges, to be paid by said Federal Shipbuilding & Dry Dock Company.

 Subsequently and on the 5th day of August, 1932, said McAllisters, doing business under the firm name and style of McAllister Lighterage Line, furnished the lighter McAllister 55 with steam and three men, and delivered the said lighter on that day.

 From that day up to and including the 10th day of August, 1932, the said lighter remained with the said Federal Shipbuilding & Dry Dock Company, the charterer, and at the expiration of the charter service the derrick lighter was towed back to the place of delivery, at the fair and reasonable rate of $100.

 That no part of such charter hire and towing has been paid.

 On August 8, 1932, the McAllister 55, having on its deck the new condenser to be installed in the steamship Sacandaga, was placed alongside of that steamer to enable the McAllister 55 to take the old condenser out of the steamship Sacandaga and put in the new one.

 A crew of riggers employed by Federal Shipbuilding & Dry Dock Company secured from the McAllister 55 a 1 1/8 inch steel wire sling, which they took down into the engine room of the S. S. ...


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