SHAW v. BETHLEHEM STEEL CO.

No. 3552.

18 F.2d 1017 (1927)

L. B. Shaw, Owner of Tug JESS B. SHAW, Appellant, v. Bethlehem Steel Co., Appellee.

Circuit Court of Appeals, Third Circuit.

Petition for Rehearing Withdrawn May 2, 1927.


Attorney(s) appearing for the Case

Lewis, Adler & Laws, of Philadelphia, Pa. (Otto Wolff, Jr., of Philadelphia, Pa., of counsel), for appellant.

Howard M. Long, of Philadelphia, Pa., and Macklin, Brown, Lenahan & Speer, of New York City, for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

In the court below the Bethlehem Steel Company filed a libel against the steam tug Jess B. Shaw, charging the latter with negligence in causing the loss of a cargo of pig iron loaded on a barge which the tug was towing through the Delaware Canal. That canal, which was 9 feet in depth and about 40 feet wide, was being dredged by the government to a depth of 30 feet and 250 feet width. This was done by leaving the old canal open for passage...

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