O'Boyle v. Long Island R. R.

INCH, District Judge.

On August 5, 1925, about 4 o’clock in the afternoon,' daylight saving time, libelant’s barge Bofiseo came into collision with the tug Quogue, owned by the Long Island Railroad. Damage was done to the barge. Libelant has. sued the tug Quogue. The claimant of that tug has duly impleaded the tug Hempstead, which had the Bofiseo in tow at the time.

The decision of the issue as to who was to blame for the collision depends upon findings of fact, which in turn must be based on the testimony of various witnesses, whose demeanor on the stand, and the probabilities of their…