The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
On stipulation, the above-entitled petition for limitation of liability and suit were consolidated for the purpose of trial.
The above-entitled suit is brought by O'Brien Bros., Inc., against the barge Susquehanna, Gulf Refining Company, and steam tug Henry W. Card, to recover damages caused by the coming violently into contact of the barge Susquehanna, while in tow of the steam tug Henry W. Card, with sand scows of said libelant O'Brien Bros., Inc., and injuring the same.
The above-entitled petition for limitation of liability of the Virginia Towing Company, owner of the steam tug Henry W. Card, is filed for the purpose of securing exoneration from all liability with reference to the collision aforesaid, or limitation of liability for the same if the tug be at fault in any degree.
In that proceeding claims were filed by the Gulf Refining Company and O'Brien Bros., Inc.
O'Brien Bros., Inc., also instituted suit against the tug Henry W. Card and the barge Susquehanna, but, as against the Card, that suit is stayed by the limitation proceeding.
A suit was also instituted by Gulf Refining Company against the tug Henry W. Card, to recover for the damages to the Susquehanna, but that suit is likewise stayed.
Ownership of all vessels and incorporation of all parties, as alleged in the pleadings in said Limitation of Liability and said suit, was stipulated.
This court has, and it is admitted that it has, jurisdiction.
The tug Henry W. Card was in all respects seaworthy, properly manned, equipped, and supplied, and the owner had used due diligence to make her so.
No officer of the owner was on board.
Early on the morning of November 7, 1930, the barge Susquehanna, 254 feet long, owned by the Gulf Refining Company, finished loading a cargo of about 15,000 barrels of fuel oil at Bayonne, N.J.; her draft then being 13 feet forward and 16 feet 6 inches aft.
Thereafter she was towed by another tug to an anchorage off Robbins Reef.
She was then taken in tow by the steam tug Henry W. Card, on the ...