West Hartlepool Steam Navigation Co. v. Benemelis Steamship Co.

His Honor, EMILE GODCHAUX,

rendered the opinion and decree of the Court, as follows:

Upon a re-examination of the pleadings we are satisfied that we erred in our former decision. It is true that the allegations of the petition evidence an intention to hold the Mengel Bros., Incorporated, in contract as sub-charterers, but it is equally true that the petition goes further and contains sufficient averment to likewise charge them with liability ex delicto, since, in addition to and independently of the averments quoted in our original opinion as disclosing an action on contract, the petition…