The Eureka No. 91. v. Dalzell

BONDY, District Judge.

On January 12, 1943, the barge “Eureka No. 91,” owned by Berwind-White Coal Mining Company, while in tow of the tug “Perth Amboy No. 2,” owned by Fred B. Dalzell, was sunk in a collision with the steam tanker “Cities Service Kansas,” claimed by Cities Service Oil Company. Thereafter Berwind-White Coal Mining Company brought suit to recover damages for the loss of its barge “Eureka” against the “Kansas” and the “Perth Amboy” and the tugs “Revere” and “Pentucket” which were assisting the “Kansas”. Cities Service Oil Company, owner of the “Kansas,” impleaded Dalzell Towing…