Gulf Coast Transp. Co. v. Ruddock-Orleans Cypress Co.

.BURNS, District Judge.

Libelant, as owner of the tug Catherine, claims damages, in personam, against respondent as the owner of a sunken barge, growing out of a collision on June 28,1921, alleging that the wreck was allowed to remain unmarked, though submerged, in a navigable stream. There is no dispute as to the fact of collision, and none as to the quantum of damage.

Respondent contends that it is relieved of liability by virtue of an alleged contract of sale under which the purchaser assumed liability, or, in the alternative, by abandonment under the statute (Act March 3,1899, §§ 9 to. 20,…