Davidson

This is an appeal of libelant and cross-appeals of respondents presenting questions of negligence of the respective parties resulting in a collision on the Bay of San Francisco, and in the event both were so negligent, the rule applicable in the apportionment of damages.

Libelant, appellant and cross-appellee, on and prior to the 8th day of July, 1930; owned and operated on the Bay of San Francisco a barge used for submarine drilling, known as Drill Barge No. 3, which barge on the date mentioned was anchored in San Pablo Strait between the Marin Islands and a group of large rocks called The Brothers, for the purpose of drilling holes in the bottom of said strait as preliminary work for the building of a bridge from near Point San Pablo to the. opposite Marin shore. About 3:55 a. m. *355 on the (late mentioned the tugboat Marian, towing three barges in tandem, approached the drill barge on a southerly course from San Pablo Bay, and in passing or attempting to pass the drill barge tlie third or last barge of the tow collided first with the aft anchor cables and breast line of the drill barg-e, and then with the drill barge, breaking said cables and lino and damaging her drill cage.…