Scholl v. Cornell Steamboat Co.

BYERS, District Judge.

The barge W. C. Block laid next the north side of the Ninety-Sixth street pier, Manhattan, on the morning of February 4, 1926. She had occupied that berth for five days, having been towed from Edgewater, N. J., on January 26th, laden with 512 tons of coal; she was not then moored to the pier, but, after an interval of about four days, was moved to the position described.

At 9:00 o’clock that morning, the claimant’s tug Wilson P. Foss came in contact with the barge, and at about 11:00 o’clock the latter sank.

The question litigated was whether the cause of the sinking was…