John V. Cain, Libelant-Appellee, v. Barge P. R. R. NO. 226, Her Engines, etc.; Pennsylvania Railroad Company, Claimant-Appellant; Barge McALLISTER NO. 8, Her Tackle, etc.; McAllister Lighterage Line, Inc., Claimant-Appellee

John V. Cain, Libelant-Appellee, v. Barge P. R. R. NO. 226, Her Engines, etc.; Pennsylvania Railroad Company, Claimant-Appellant; Barge McALLISTER NO. 8, Her Tackle, etc.; McAllister Lighterage Line, Inc., Claimant-Appellee. (Circuit Court of Appeals, Second Circuit. November 1, 1926.) No. 59. Appeal from the District Court of the United States for the Eastern District of New York. Burlingham, Yeeder, Masten & Eeary, of New York City (Chauncey I. Clark and Ered Conger, both of New York City, of counsel), for claimant of No. 226, appellant. Maeklin, Brown & Yan Wyek and Horace L. Cheyney, all of New York City, for libel-ant-appellee. William J. Martin, of New York City, for McAllister No. 8. Before HOUGH, MANTON, and MACK, Circuit Judges. [MAJORITY — PEE CUEIAM.] PEE CUEIAM. No act by the No. 226, and no act or omission by her crew, constituted a maritime tort. Therefore no lien existed. We are satisfied that this whole disaster was the result of force majeure; i. e., a sudden storm of magnitude. Decree reversed, with costs, and cause remanded to the District Court, with directions to dismiss the libel and make such disposition of costs as to it seems good.