Forbes v. Merchants' Exp. & Transp. Co.

THOMAS, District Judge.

At about 3:15 o’clock on the morning of July 13, 1900, the barge James Mackin sank at Brown’s dock, at Newark, N. J., on the Passaic river, and the damage to her cargo, delivered the previous evening, is the subject of this action, wherein the libelants charge that the injury was “due to, and occasioned by, the improper and unfit condition and unseaworthiness of” the barge. The answer denies unseaworthiness, and alleges that the loss “was the result of the barge James Mackin striking some unknown obstruction, or the swells or suction of passing vessels run at a high…