Westchester Fire Ins. v. Pennsylvania R.

SWAN, Circuit Judge.

This is an appeal from an interlocutory decree holding the Pennsylvania Railroad Company' liable for cargo damage resulting from the sinking of a barge laden with coal. Libelant is an underwriter asserting by subrogation the rights of the insured owner of the coal.

We must accept the District Court’s finding that negligence of a Pennsylvania tug so damaged the coal barge Anthony as to cause her to leak. The bargee gave positive testimony to this effect and the trial judge believed it. But the collision which damaged the barge did not directly damage the cargo. Damage to the…