Marion Lee Avera and Daniel J. Avera v. Florida Towing Corporation, Florida Towing Corporation v. Marion Lee Avera and Daniel J. Avera

JOHN R. BROWN, Circuit Judge.

This appeal by the sole claimant in an insufficient fund limitation proceeding seeks reversal of a decree granting limitation of liability, 46 U.S.C.A. § 183 et seq. Challenged by the claimant is the basic holding that the negligence of the shipowner was without its privity or knowledge. Attacked also is the Court’s earlier decision that only the tug had to be surrendered, not the barge being towed as well. Because of our decision on the privity question, we need not directly consider surrender of the barge. The case certainly proves that there are real hazards in…