Berwind-White Coal-Mining Co. v. Bush Terminal Co.

Libelant’s scow, in tow of a tug also belonging to the same owner, was moving in a slip between two piers both owned by respondent. While thus moving, the rake of the scow struck a pile, evidently so waterlogged that one end of it had caught in the mud, while the other end was partly waterborne. This spear like projection-was struck-by the tug at a point several feet below the surface of the muddy water, sinking the scow. ■ Prompt investigation by a diver located the pile substantially as above described. Two or. three days afterward other efforts were made to find this obstruction, but it…