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INSURANCE CO. OF NORTH AMERICA v. SOUTHERN TRANSP. CO.

No. 3675.

25 F.2d 103 (1927)

INSURANCE CO. OF NORTH AMERICA v. SOUTHERN TRANSPORTATION CO. et al. THE BATHGATE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 16, 1928.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City, and Lewis, Adler & Laws, of Philadelphia, Pa. (Francis S. Laws, of Philadelphia, Pa., and Robert S. Erskine, of New York City, of counsel), for appellant.

Acker, Manning & Brown, of Philadelphia, Pa. (Everett H. Brown, Jr., of Philadelphia, Pa., of counsel), for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the Insurance Company of North America filed a libel against the tug Bathgate and the Southern Transportation Company, its owner, to recover damages for loss of a cargo of coal on board the barge Tenas, in tow of said tug, which loss it had paid the owners and become subrogated to their rights. The alleged grounds of recovery were unseaworthiness of the tug and its negligent navigation. The defenses were

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