Pacific Tow Boat Company v. States Marine Corporation Of Delaware

276 F.2d 745 PACIFIC TOW BOAT COMPANY, E. W. Stuchell, William D. Carpenter, Harry W. Stuchell, Jr., M. A. Wyman, D. E. Wyman and M. H. Wyman, Copartners Doing Business as Eclipse Lumber Co., Appellants, v. STATES MARINE CORPORATION OF DELAWARE, Appellee. No. 16374. United States Court of Appeals Ninth Circuit. Feb. 9, 1960. Bogle, Bogle & Gates, Edward C. Biele, Claude E. Wakefield, Seattle, Wash., for appellant. Summers, Bucey & Howard, Charles B. Howard, T. F. Paull, Seattle, Wash., for appellee. Before MAGRUDER, HAMLEY and MERRILL, Circuit Judges. HAMLEY, Circuit Judge. 1 This is a collision case brought in admiralty involving the steamship SS Cotton State, the tug Lea Moe, and the barges Eclipse No. 15 and Eclipse No. 25. The accident occurred when No. 15, which had just been towed to the side of the moored Cotton State, drifted into the latter's slowly moving propeller. 2 The trial court awarded States Marine Corporation, owner of the Cotton State and libelant in this action, damages in the sum of $22,500. 1 The cross libel of the personal respondents named in the caption of this cause, owners of the barges, against States Marine Corporation was dismissed. They were,…