Goodwin-Gallagher Sand & Gravel Corp. v. United States

CHATFIEED, District Judge.

These actions were brought for injuries received by the Detroit and the Herman, barges in the first tier of a tow of four boats which on September 9, 1920, was taken by the tug Energetic through the Kill von Kull, in broad daylight and with a flood tide. The tow, with three boats abreast and with one boat behind the Detroit, reached a point beyond the channel into Newark Bay, when the Eithopolis, a steamer some 260 feet in length, was observed overtaking the Energetic at such a rate as to make it probable that the Eithopolis would pass the Energetic and her tow in…