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THE RUTH KELLOGG

No. 9922.

126 F.2d 18 (1942)

THE RUTH KELLOGG. KELLOGG S. S. CORPORATION v. BELCHER OIL CO.

Circuit Court of Appeals, Fifth Circuit.

February 23, 1942.

Attorney(s) appearing for the Case

Otto C. Stegemann, of Miami, Fla., Carver W. Wolfe, of New York City, and Jos. M. Rault, of New Orleans, La., for appellant.

M. Lewis Hall, of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The libel was for bottom damages to the tank steamer, Ruth Kellogg. The claim in general was that they were the result of grounding in an unsafe berth designated and furnished by respondent charterer, in violation of a charter party covenant that the vessel should safely lie afloat. Specifically, the claim was: that, while being piloted to the dock, assisted by tugs, she went aground about 50 to 70 feet off, with her port side parallel to...

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