The Bern

SWAN, Circuit Judge.

This litigation arises out of a collision in the East River, just above Corlears Hook, which occurred on the evening of January 15, 1930, shortly before 8 o’clock. There was a flood tide of about 3% knots; the night was clear. The tug Bern was proceeding up stream, with twelve loaded coal barges in tow, at a speed over the ground of 5 or 6 knots. Her tow was on hawsers of about thirty fathoms and was made up three barges abreast in each of the first three tiers, two in the fourth tier and one in the fifth. Hence the length of the whole flotilla was probably about 750 feet.…