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THE JERRY T.

June 17, 1937

THE JERRY T.; THE PERTH AMBOY NO. 2; M. & J. TRACY, Inc.,
v.
TICE TOWING LINE, Inc.; LEHIGH NAV. COAL CO. v. SAME



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

By stipulation, the two entitled suits above, were tried together.

These suits are brought to recover damages to the barge Jerry T. and her cargo, by the alleged negligence of tug Perth Amboy No. 2 and her owner, operator, and/or charterer, Tice Towing Line, Inc.

 At all the times hereinafter mentioned, M. & J. Tracy, inc., the libelant in the first above entitled suit, was a domestic corporation, organized and existing under and by virtue of the laws of the State of New York.

 At all the times hereinafter mentioned, the said libelant M. & J. Tracy, Inc., was the owner of the barge Jerry T., which, up to the time of the happening of the events hereinafter mentioned, was tight, staunch, strong, and in all respects properly manned and equipped, and William P. Gillis was bargee of the said barge.

 At all the times hereinafter mentioned, and at the time of the trial, Lehigh Navigation Coal Company, the libelant in the second above-entitled suit, was a corporation, organized and existing under the laws of the State of Pennsylvania, with an office at 143 Liberty street, borough of Manhattan, city of New York.

 The tug Perth Amboy No. 2 was, during the currency of process hereunder, within this district and within the jurisdiction of this court.

 At all the times hereinafter mentioned, and at the time of the trial, Tice Towing Line, Inc., the respondent in both suits, was a domestic corporation, having a place for the transaction of business at No. 17 Battery place, borough of Manhattan, city, county, and State of New York.

 At all the times hereinafter mentioned, the respondent Tice Towing Line, Inc., was the owner, operator and/or charterer of the tug Perth Amboy No. 2.

 On or about, or prior to, the 15th day of February, 1936, the libelant Lehigh Navigation Coal Company entered into an agreement with M. & J. Tracy, Inc., the owner of the barge Jerry T. to carry certain anthracite coal from Perth Amboy, N.J., to New York City; but a specific day and hour therefor was not fixed.

 The libelant Lehigh Navigation Coal Company arranged for the loading of the coal with Perth Amboy Coal Dock.

 On or about the 15th day of February, 1936, there was loaded on said Barge Jerry T. 611.45 tons of anthracite coal, the property of Lehigh Navigation Coal Company, to be carried to Ninety-Sixth street, borough of Manhattan, New York City.The carrying capacity of the Jerry T. was 850 tons.

 The tow consisted of thirteen boats made up in four tiers of three boats abreast, with a single boat in the fifth tier. The tow was properly made up with the barge Jerry T. as the starboard hawser boat. The Lehigh Navigation Coal Company did not arrange with Tice Towing Line, Inc., for the towing of the barge Jerry T., but made all arrangements for the movement of the coal with the coal agent's office of the Lehigh Valley Railroad Company, to whom it gave the destination, Ninety-Sixth street, New York City, at the time it gave the instructions to load the coal.

 On February 15, 1936, the tug Perth Amboy No. 2 took a light tow from Elizabethport to Perth Amboy, where she arrived around half past 4 o'clock in the afternoon. After landing her light tow, the Perth Amboy No. 2 received a towing ticket from Lehigh Valley Coal Dock Office, showing the boats she was to take in tow. The tow was partly made up, and the Perth Amboy No. 2 added some boats making the number in tow 13, arranged as aforesaid. The Perth Amboy No. 2 finished making up her tow about 6 o'clock p.m., and left the Lehigh Valley Coal Dock with her tow about 7 o'clock p.m., with the Jerry T. as the starboard hawser boat. No objection was made by ...


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