The Mattie

ABRUZZO, District judge.

The steamtug “Mattie” came into collision with the sand scow “Alva” on December 8, 1939, in the waters of Hell Gate. The “Mattie” was proceeding without any tow and the “Alva” was in the tow of the tug “Bronx No. 4”. The petitioners seek a limitation of or exoneration from liability, claiming (1) that the petitioners are entitled to exoneration; and (2) that if they are not entitled to exoneration, they should be granted limitation of liability.

With respect to exoneration from liability, the proof offered indicates that the steamtug “Mattie” was proceeding northeast,…