Bernard & Samsel v. City of Philadelphia

J. B. McPHERSON, Circuit Judge.

The witnesses in this case were heard in open court; I find the facts to be as follows-:

On May 28, 1911, the libelants were the managing owners of the tug Augusta, and were also bailees of the hinged barge, or canal boat, No. 124, and four other boats with their cargoes of coal. All the boats and their cargoes belonged to the Lehigh Coal & Navigation Company, and the tug had been engaged to tow them from a point on the Delaware river to points on the Schuylkill river within the port of Philadelphia.

The city of Philadelphia owns and maintains a drawbridge…