Marcona Corporation v. Oil Screw Shifty Iii, Her Engines, Tackle, Apparel, Etc., in Rem, Nilo Barge Line, Inc., in Personam

HENDERSON, Circuit Judge:

This is an admiralty action growing out of a collision between the M/V Marcona Conveyer (hereinafter referred to as the “Marcona”) and the Shifty III (hereinafter referred to as the “Shifty”) and her tow, the barge SBI 513. The incident occurred when the Shifty struck turbulent quickwater generated by two tugs operating at right angles to the Marcona, which was in the final process of mooring at the Portland Cement Terminal on the easterly side of Sparkman Channel in Tampa Harbor.

The district court found that the captain of the Shifty did not appreciate the possible…