Berwind-White Coal Mining Co. v. Downer Towing Corp.

The barges Eureka and Atlantic are owned by the plaintiff, and the steamtug Downer is owned by the defendant.

On July 11, 1921, the Eureka collided with the Atlantic, and this action is brought by the plaintiff to recover its damages.

The two barges, laden with coal, were lying alongside of one another on the north side of pier 53 in the North river. The Downer, which was under charter to the Cunard Steamship Com*316pany, was ordered to tow the two coal barges to the south side of pier 54 along the steamship Columbia, which lay on the opposite side of the slip in which the barges were tied up. The…