Morania Barge No. 140, Inc. v. M. & J. Tracy, Inc.

WATERMAN, Circuit Judge.

This is an appeal from.an interlocutory decree in the admiralty holding appellant, M. & J. Tracy, Inc., liable for damages sustained by libellant’s tank barge, Mor-ania No. 140, when it fetched up on a sunken coal barge owned by Tracy. Liability was predicated upon Tracy’s alleged negligence in failing to mark its sunken barge, Cape Erwin, as required by 33 U.S.C. § 409. Various impleading petitions were served, but all of these actions have been dismissed and none is involved in the present appeal.

The record on appeal contains little more than the pleadings, as ampli*80fi…