Bray v. Monongahela River Consol. Coal & Coke Co.

DALLAS, Circuit Judge.

In the year 1905 the Evansville Contract Company was engaged in building part of a dam across the river about 12 miles below Pittsburg, Pa. When the work was suspended on the afternoon of Saturday, June 24, 1905, the floating plant, including derrick boats, pile driver boats, decked barges, flat boats, etc., was tied up in its usual harboring place. The Iron Age, a towboat owned by the Monongahela River Consolidated Coal & Coke Company (defendant below and here), left Pittsburg, with a tow of coal, at about 30 minutes after 10 o’clock in the evening of the 24th of June,…