Petition of M. & J. Tracy, Inc., as Owner of the Barge Herbert E. Smith for Exoneration From or Limitation of Liability. Charles Prasnal

OPINION OF THE COURT

BIGGS, Circuit Judge.

The appeal at bar presents a narrow issue. Prasnal, the claimant-appellant, an employee of Seaboard Coal Dock Co., sued M. & J. Tracy, Inc., the owner of the Barge “Herbert E. Smith”, and others on April 11, 1964, alleging that he was injured because of the unseaworthiness of the barge and its negligent operation by Seaboard allegedly acting in privity with Tracy. On August 25, 1965 Tracy filed a petition for exoneration from liability or for limitation of liability to the value of the barge, stipulated to be $38,000, pursuant to 46 U.S.C. §§ 181-189.…