Affirmed in part and reversed and remanded in part. See also, D.C., 39 F. Supp. 200, D.C., 54 F. Supp. 17, D.C., 54 F. Supp. 19. Lucian Y. Ray, of Cleveland, Ohio (John H. Sorg, of Pittsburgh, Pa., and Lee C. Hinslea, of Cleveland, Ohio, on the brief), for American Barge Line Co., Inc.
Where a vessel with motive power and with adequate room to navigate collides with a moored vessel, the mere fact that a collision occurred raises a presumption of negligence on her part. The Granite State, 3 Wall. 310, 18 L.Ed. 179; The John C. Fisher, 3 Cir., 50 F. 703; United States v. King Coal Co., 9 Cir., 5 F.2d 780; The Clarence P. Howland, 2 Cir., 16 F.2d 25; Guthrie v. City of Philadelphia, D.C.E.D.Pa., 73 F. 688; The Chickie, D.C.W.D.Pa., 54 F. Supp. 17, and 141 F.2d 80. Further, claimant failed to produce the logbook of Motor Launch No. 12 upon demand. Although suit was brought some time after the collision, claimant received adequate notice of the collision a few weeks thereafter.
In our opinion filed herein on January 30, 1942, 54 F. Supp. 17, we found both respondents were negligent in the matter of a collision between a barge owned by respondent, and the dredge "Admiral" owned by libelant. The Lyons River Transportation Company, on May 10, 1942, filed a petition for limitation of liability, alleging that the damages claimed by libelant were caused without privity or knowledge of the Lyons River Transportation Company.