NEWTOWN CREEK TOWING COMPANY v. THE VENUS

No. 12460.

259 F.2d 97 (1958)

NEWTOWN CREEK TOWING COMPANY and Chester A. Poling, Inc., as Co-owners, and Russell Poling & Company, as Charterer of THE RUSSELL 29 and as Bailees of the Cargo Laden on Board The Russell 29, Libellants, Appellants, v. THE VENUS, Her Engines, Tackles, Apparel, Furniture, etc., and Independent Towing Company, Respondents.

United States Court of Appeals Third Circuit.

Decided September 11, 1958.


Attorney(s) appearing for the Case

Abraham E. Freedman, Philadelphia, Pa. (Edward Ash, Martin J. Vigderman, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellants.

Robert G. Kelly, Philadelphia, Pa. (Francis A. Scanlan, Kelly, Deasey & Scanlan, Philadelphia, Pa., on the brief), for appellees.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Point Lookout marks the southermost tip of Maryland on the western shore of the Chesapeake Bay and is located on the northern side of the entrance to the Potomac River. Approximately five miles south of this point, the barge Russell 29 ran aground on the Virginia shore while it was in the tow of the tug Venus on a voyage from Philadelphia to Washington, D. C. The owners and charterers of the barge brought suit in admiralty against...

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