Koppers Connecticut Coke Co. v. James McWilliams Blue Line, Inc.

INCH, District Judge.

Libelant owned a quantity of coke and it is conceded that on or about the 9th

*993day of February, 1935, contracted with the respondent for the full capacity of the barge Blue Crest, which barge was owned by the respondent, and was to be towed, by a tug also owned by the respondent, from New Haven, Conn., to Brooklyn, N. Y. The coke was thereupon loaded on the said barge at New Haven and, while in such tow, sank by reason of a collision with another vessel in the East River. The coke was damaged. Libelant brings this suit to recover such damage.

The sole defense is that there…