SCHUYLKILL TRANSP. CO. v. BANKS

Nos. 8825, 8871.

152 F.2d 405 (1945)

SCHUYLKILL TRANSP. CO. (PUBLIC SERVICE ELECTRIC & GAS CO., Intervener) v. BANKS et al. PUBLIC SERVICE ELECTRIC & GAS CO. v. DELAWARE RIVER LIGHTERAGE CO. et al. THE COAL BARGE NO. 563. THE GRACE ANN.

Circuit Court of Appeals, Third Circuit.

Decided November 27, 1945.


Attorney(s) appearing for the Case

Howard M. Long, of Philadelphia, Pa., for Charles T. Banks.

George E. Beechwood, of Philadelphia, Pa. (Conlen, LaBrum & Beechwood, of Philadelphia, Pa., and Bigham, Englar, Jones & Houston and Charles A. Van Hagen, Jr., all of New York City on the brief), for Public Service Electric & Gas Co.

Samuel B. Fortenbaugh, Jr., of Philadelphia, Pa. (William K. Given, Jr., and Shields, Clark, Brown & McCown, all of Philadelphia, Pa., on the brief), for appellees.

Before ALBERT LEE STEPHENS, MARIS, and GOODRICH, Circuit Judges.


MARIS, Circuit Judge.

Early in the morning on April 19, 1943, the barges "563" and "574" belonging to Schuylkill Transportation Company lay at Pier 18, Philadelphia, loaded with cargoes of coal belonging to the Public Service Electric and Gas Company. The "563" and "574" were wooden barges. The "563" was 110 feet long, 32 feet wide and 17 feet deep, with a square bow and stern and an open hatch with coamings 3 feet 6 inches high around the sides of the hatch. The...

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