Pennsylvania R. Co. v. Washburn

Beown, District Judge.

Exceptions have been taken to the commissioner’s report upon the damage caused by the sinking of the libelant’s barge, E. A. Murphy, at respondent’s wharf through the fault of the latter. The ground of exception is that at least a part of the loss is attributable to the negligence of the libelant’s men, in not removing the cargo at once, before it was injured by the rise of the tide.

The canal boat sank at low' water, and careened on her port side at about 4:45 a. m. The tide began to rise at about 6 A. m. It was half past 9 a. m. before the removal of the cargo was begun…