Howard v. Dobbins-Trinity Coal Co.

SWAN, Circuit Judge.

In October 1938 the barge E. T. Hal-loran, owned by the appellant, was chartered by him to the appellee. The charter was the ordinary oral agreement for a specified per diem hire and for an indefinite period of time. The barge was without motive power and was manned by a bargee paid by the bailor. Concededly the barge was seaworthy when delivered and was returned in a damaged condition less than a month thereafter. The damage occurred while the barge, laden with a cargo of coal, was being towed by the steamtug Russell IV from Hoboken to 96th Street, Harlem River. When tied…