Sargent Barge Line, Inc. v. Reading Co.

BYERS, District Judge.

'The libelant’s coal barge William T. Rouse, being light, was taken in tow by claimant’s steamtug Wyomissing on January 30, 1940, at 74th Street, East River (the I. R. T. coal dock), and was caused to strike the sea-wall thereof at the port bow corner. The libelant asserts, and claimant denies, that the tug’s negligent towage caused the damage, to recover for which this cause was instituted on August 27, 1940.

The fact of the striking is not in dispute, but the maneuver which so resulted is the subject of conflicting narratives, which must be briefly discussed. The…