Globe & Rutgers Fire Ins. v. Cities Service Co.

MANTON, Circuit Judge (dissenting).

The steamship Halo, owned by the appellee, Cities Service Company, undertook the towage of the barge Crew Leviek No. 5, in all respects seaworthy, from Key West, Fla., to Philadelphia, Pa. During the voyage, while in the vicinity of Winter Quarter Shoals Lightship, the barge sank and became a total loss. Insurance companies, including the appellant, paid under policies of marine insurance. Among them the Globe & Rutgers Fire Insurance Company, who in this libel sought to recover from the appellee, Cities Service Company, the sum it paid, by way of…