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CHESAPEAKE & OHIO RAILWAY CO. v. OGLEBAY NORTON CO.

No. 13542.

262 F.2d 103 (1958)

CHESAPEAKE & OHIO RAILWAY COMPANY, and Detroit & Mackenac Railway Company, Respondents-Appellants, v. OGLEBAY NORTON COMPANY, Libelant-Appellee.

United States Court of Appeals Sixth Circuit.

December 16, 1958.

Attorney(s) appearing for the Case

Russell V. Bleecker, Cleveland, Ohio, Robert A. Straub, Detroit, Mich., for appellants.

Gilbert R. Johnson and Scott H. Elder, Cleveland, Ohio, Johnson, Branand & Jaeger, Cleveland, Ohio, of counsel, for appellee.

Before SIMONS and MARTIN, Circuit Judges, and FREEMAN, District Judge.

PER CURIAM.

The respondent-appellant railway companies, co-owners of the railway bridge at Bay City, Michigan, have appealed from a decree which divided equally between the libelant-appellee (owner of the Steamer Carrollton) and the respondents damages resultant from a collision on May 13, 1956, of the Carrollton with a buoy in the Saginaw River in Michigan.

The United States District Court found that the failure of the respondent carriers to keep a proper...

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