L. HAND, Circuit Judge.
The plaintiff owned a barge which it orally demised to the defendant from day to day on a per diem hire, the bailor to furnish a bargee, the bailee to pay him and use her at its pleasure, and to return her at the end of her service. There was no express promise to return in good condition. Nine months later the defendant was towing her, lightly laden, on the starboard side of a tug with a lighter outside, and two lighters on the tug's port...
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