Puget Sound Nav. Co. v. Puget Sound Tug & Barge Co.

BOWEN, District Judge.

Statement of Facts.

Action in personam in admiralty for loss and damage sustained by libelant as the result of the collision of libelant’s barges with a bridge pier when the barges were being towed by respondent’s tug.

Respondent answered affirmatively that libelant promised to procure insurance to protect respondent on account of the liability here in question.

Libelant excepted to the sufficiency of this affirmative defense, contending the admiralty court had no jurisdiction to consider it.

Decision

The Court feels that subsequent review and further study of the questions…