Exner Sand & Gravel Corporation, as Owner of the Barge Florence E., Libelant-Appellant v. Petterson Lighterage & Towing Corp.

I concur with my colleagues in holding that the appellee may not be held liable for the side damage suffered by the barge, for there is no evidence from which we may conclude that this damage was sustained either during the term of the charter or in consequence of a risk created by the appellee. I dissent, however, from so much of the majority’s decision as denies libelant-appellant recovery for the bottom damage proved to have been sustained by the barge while it was being drydoeked in order to undergo repairs made necessary by the appel-lee’s conceded negligence.

The libelant, as owner of…