The Smoot Sand and Gravel Corporation v. Baltimore Steam Packet Company, a Corporation, Trading as Old Bay Line

A southbound steamer destined for Norfolk collided near Mt. Vernon with a northbound tugboat with two scows lashed alongside. The question presented is whether the trial court correctly dismissed the complaint at the close of the tugboat’s case on the grounds first, that the negligence of the steamer had not been shown, and second, that it affirmatively appeared that the tugboat’s negligence was the sole cause of the collision.

After dark on January 13, 1954, on a clear night,' appellant’s tug with two scows lashed alongside, each loaded with over 300 tons of sand, was headed upstream (north)…