The Salutation

MANTON, Circuit Judge.

On April 30, 1920, appellee’s drill scow was anchored abreast of Baretto Point excavating materials from the bed of the East River, and, while it lay at anchor, the appellant’s tug Salutation, with six loaded barges, came in contact with the starboard bow of the drill scow, causing damages for which the decree appealed from was entered. The appellant does not seek a reversal of the decision of the trial judge who entered the interlocutory decree holding the appellant’s tug at fault. It does urge, however, that the libel should have been dismissed because appellee has…