Red Star Barge Line, Inc. v. Lizza Asphalt Construction Co.

BURGER, Circuit Judge.

This is an appeal from a judgment for libelant for damages to its Barge No. 60 sustained while tied up and under appellant’s control. Four other barges were also moored to the same side of the pier, some following and others awaiting discharge of cargo. Appellant’s employees moved Barge No. 60 out from the pier, while it was still fully loaded, to make room at the hopper for another barge to discharge cargo, putting two barges between No. 60 and the pier. As a result the corner of No. 60 farthest from the pier and nearest the shore grounded on a hard ridge. Although no…