The opinion of the court was delivered by: BARD
This is a libel in rem brought by Lake Tankers Corporation, owner of tank barge L.T.C. No. 6, to recover for damages sustained by the L.T.C. No. 6 in an alleged collision with Tug Motor Launch No. 12 and tow on April 5, 1942 off Sandy Point, Maryland, I make the following:
1. Libellant Lake Tankers Corporation is a corporation incorporated under the laws of the State of Delaware. At all times pertinent hereto, libellant was the owner of tank barge L.T.C. No. 6.
2. Tug Motor Launch No. 12 has been released from the jurisdiction of this court under a stipulation for value and bond in the amount of $ 3,500.
3. Claimant J.A.G. Transportation Company is a corporation incorporated under the laws of the State of Delaware. At all times pertinent hereto, claimant was the sole owner of the Tug Motor Launch No. 12, her tackle, apparel, machinery, engines and furniture.
4. On the morning of April 5, 1942, the tanker M/V Atlantic Sun was anchored in Chesapeake Bay off Sandy Point, Md. The tanker was discharging her cargo of oil to several tank barges moored alongside.
5. Tank barge L.T.C. No. 6 was properly moored on the starboard side of the Atlantic Sun and tank barge Sinclair No. 2 was moored on the port side of the Atlantic Sun.
6. L.T.C. No. 6 and Sinclair No. 2 had both completed loading and were awaiting a tow to Marcus Hook, Pa.
8. Motor Launch No. 12, with the Sinclair No. 2 in tow on her starboard side, then backed around the stern of the Atlantic Sun and came forward to take the L.T.C. No. 6 in tow on the tug's port side.
9. While going forward to complete this maneuver, Motor Launch No. 12 collided with the L.T.C. No. 6, striking the barge on the starboard side forward.
10. When the collision was imminent, the captain of L.T.C. No. 6 called to the master of the tug to reverse the tug's engine.
11. The captain of L.T.C. No. 6 placed fenders between the barge and the tug to minimize the effect of the impending collision, but they were broken by the force of the impact.
12. After the collision, Motor Launch No. 12 proceeded to Marcus Hook, Pa., with L.T.C. No. 6 ...