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PENNSYLVANIA RAILROAD COMPANY v. S.S. MARIE LEONHARDT

No. 14079.

320 F.2d 262 (1963)

The PENNSYLVANIA RAILROAD COMPANY (Libellant and Cross-respondent), Appellant, v. S. S. MARIE LEONHARDT, her engines, tackle, apparel and furniture, and against all persons intervening and their interests in the same (Respondents). LEONHARDT & BLUMBERG OF HAMBURG, GERMANY, as owner of S. S. Marie Leonhardt (Cross-libellant) v. The PENNSYLVANIA RAILROAD COMPANY (Cross-respondent).

United States Court of Appeals Third Circuit.

Decided July 5, 1963.

Attorney(s) appearing for the Case

Thomas C. McGrath, Jr., Philadelphia, Pa. (Dechert, Price & Rhoads, Philadelphia, Pa., on the brief), for appellant.

Richard W. Palmer, Philadelphia, Pa. (Rawle & Henderson, Philadelphia, Pa., Henry C. Lucas III, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN and GANEY, Circuit Judges, and COHEN, District Judge.

GANEY, Circuit Judge.

The S. S. Marie Loenhardt collided with the Delair Bridge at about 12:45 p. m. on January 9, 1959. The Pennsylvania Railroad Company, owner and operator of the bridge, filed a libel in rem against the vessel for damages to the bridge.1 The vessel owner filed a cross-libel against the Railroad for damages to the vessel resulting from the collision. The district court, after making findings of fact and conclusions of...

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