Cleary Bros. v. Pennsylvania R.

CHASE, Circuit Judge.

The libelant is the owner of the barge Freedom. It sued the steamtug P. R. R. No. 35, alleging negligent towage whereby the Freedom was brought into collision with the center abutment of the Baltimore & Ohio bridge over the Arthur Kill and was so injured that she sank. The Pennsylvania Railroad Company appeared as claimant and impleaded the steamtug Eugenia Moran under the 56th Rule (28 IJSCA § 723). The Moran Towing & Transportation Company appeared as claimant for that tug. The P. R. R. No. 35 was held solely at fault and appealed.

The evidence) is conflicting and the…