INCH, District Judge.
This is a libel in rem. There is practically no dispute as to the facts. The decision would seem to rest on a conclusion of law. The question is: Which party must bear the burden of damages, resulting directly from the use of a defective hawser, belonging to a towed barge, but by mutual consent used by the towing tug?
On the 27th day of November, 1923, about 7 o'clock in the morning, the barge Coast Transit No. 1, belonging to libelant...
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