BYERS, Chief Judge.
This case involves a collision between two tows proceeding in opposite directions in Newark Bay on September 6, 1951 at about 1:35 a. m. The night was dark, but visibility was good, and weather conditions played no part in the happening; the waters were calm and if both navigators had been alert to their duties, the collision should not have occurred.
The exact place is not in dispute, namely at the northeast abutment of the Central Railroad...
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