Greason, Son & Dalzell, Inc. v. Erie R.

(after stating the facts as above).

The fact that the President sank at her berth raised a presumption of unseaworthiness which she had to rebut to escape liability for damage to her own cargo. The Jungshoved (C. C. A.) 290 F. 733; The Harper No. 145 (C. C. A.) 42 F.(2d) 161. Her failure to rebut that presumption fixed her liability for the damage to that.

The damage to the No. 50 and her cargo was caused by the collision when the President struck her in sinking. Both barges were without motive power. Certainly the President owed the No. 50 no direct obligation to be seaworthy, but only the…