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DAVISON CHEMICAL CORP. v. THE HENRY W. CARD

No. 284.

144 F.2d 705 (1944)

DAVISON CHEMICAL CORPORATION v. THE HENRY W. CARD et al. THE TENAS.

Circuit Court of Appeals, Second Circuit.

July 28, 1944.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City, Semmes, Bowen & Semmes, of Baltimore, Md., and Lord & Whip, of New York City (Paul Speer, of New York City, and George W. P. Whip, of Baltimore, Md., of counsel), for libellant-appellant.

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for Card Towing Line, Inc., claimant-appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The barge Tenas was in tow of the tug Card and was so negligently navigated by the tug that she was stranded and damage was suffered both by the barge and her cargo. There is no dispute that the stranding was due to errors of navigation. But the claimant-appellee, the owner of the tug, argues, and as we think properly, that it is relieved from liability for any damage to the barge due to the stranding because of Clause Tenth of the...

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