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THE ELLENVILLE

No. 2925.

40 F.2d 47 (1930)

THE ELLENVILLE. THE MANOR. THE MONTROSE. WATHEN v. WESTMORELAND COAL CO. et al.

Circuit Court of Appeals, Fourth Circuit.

April 8, 1930.

Attorney(s) appearing for the Case

John H. Skeen, of Baltimore, Md., for appellant.

George Weems Williams, of Baltimore, Md. (L. Vernon Miller and Marbury, Gosnell & Williams, all of Baltimore, Md., on the brief), for appellee Eastern Transp. Co.

Acker, Manning & Brown, of Philadelphia, Pa., and Edgar T. Fell, of Baltimore, Md., for appellee Westmoreland Coal Co.

Before PARKER and NORTHCOTT, Circuit Judges, and HAYES, District Judge.

HAYES, District Judge.

This is a collision case, and involves the liability for losses sustained by the Westmoreland Coal Company, owner of the barge Manor, anchored in the Delaware breakwater, when the barge Ellenville, owned by Robert B. Wathen, drifted against and injured the Manor. The Manor sustained damages in the sum of $1,500, and the Ellenville about the same amount. The District Court found the Ellenville solely at fault. There was no charge of fault against...

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