Ira S. Bushey, Inc.

The facts as the judge found them were as follows. The “Derby” backed with a line from her forward bitt to the mid bitt of the “Essex’s” bow, the master or bargee of the “Essex” having stationed himself at her bow to give a signal when the barge should come into position. Both vessels had agreed that the “Derby” should stop at this signal, thus making the necessary slack in the towing line so that it might be cast off. The “Derby” followed out this agreement, backing with no unusual speed and stopping when she got the signal. The barge did not however stop at the proper place but came on and…