The J. G. Rose

The court below found that there was a collision as alleged, and we are not disposed to disturb that finding. We also accept the finding below that there was negligence on the part of the bargemaster, and are of opinion that his negligence was greater than claimant’s. We also agree that, had prompt steps been taken to either beach or siphon the Farrell, there would have been no serious result.

We cannot agree that the negligence of claimant’s tug was or could be “merged” in the subsequent and greater negligence of libelant’s bargemaster. There is no such thing as a merger of this kind.

We hold…