The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This is an action brought to recover damages alleged to have been caused by collision.
I find the facts as follows:
At all the times hereinafter mentioned, the libelant was a domestic corporation, organized and existing under and by virtue of the laws of the state of New York.
At all such times the libelant was the owner of the coal barge Brooklyn herein referred to, and that such barge, prior to the happening hereinafter described, was staunch, strong, tight, and in all respects seaworthy.
During the currency of process hereunder, the derrick lighters Mildred S. (described in the libel as the Mildred) and the Bowling Green were within this district and the jurisdiction of this court.
On Monday morning, March 7, 1932, the loaded barge Brooklyn was tied up outside of another barge on the south side of Pier 24, Brooklyn, N.Y., at the bulkhead where it had been lying loaded for some time.
During the afternoon of Saturday, March 5, 1932, the derrick lighters Mildred S. and Bowling Green were moored bow out, outside of a steamer lying on the north side of Pier 27, Brooklyn, N.Y., the steamer lying bow in the slip and across from the stern quarter bitt of the Brooklyn. The Bowling Green was the outside vessel. The weather at that time was clear.
At 9 o'clock a.m. on Sunday, March 6, 1932, a northeast storm warning north of Virginia Capes to Eastport, Me., was hoisted.
At about noon on March 6, 1932, it commenced to rain and the wind freshened.
At that time the Mildred S. had two lines out from her bow, and two lines out from her stern to the steamer.
The Bowling Green also had two lines out to the Mildred S., one from the bow and one from the stern, doubled up, and one from her inshore side to the steamer.
At 12:10 o'clock p.m., the captain of the Bowling Green, who was also in charge of the Mildren S., went to dinner, passing from the Mildred S. to the ship and then to the pier. The wind continued to freshen, and, when the captain returned ...