Emma R. LINDSAY, Appellant, v. NANSEMOND BRICK CORPORATION, a Corporation, Appellee

Emma R. LINDSAY, Appellant, v. NANSEMOND BRICK CORPORATION, a Corporation, Appellee. (Circuit Court of Appeals, Fourth Circuit. September 29, 1924.) No. 2252. Appeal from the District Court of the United States for the Eastern' District of Virginia, at Norfolk; D. Lawrence Groner, Judge. S. M. Brandt, of Norfolk, Va., for appellant. Henry H. Little and Hughes, Little & Seawell, all of Norfolk, Va., for appellee. Before WOODS, WADDILL, and ROSE, Circuit Judges. [MAJORITY — ROSE, Circuit Judge.] ROSE, Circuit Judge. The appellant is the owner of a barge or lighter. She hired it to the appellee. It sank some time after appellee’s goods had been put aboard, with damage as well to its cargo as to itself. There was the usual controversy as to whether the aecident_ was the result of its unseaworthiness, or of its improper loading by the appellee and subsequent lack of care on the part of the latter. In accordance with the great weight of evidence, the learned court below decided the dispute in favor of the appellee. Affirmed.