Merchants' & Miners' Transp. Co. v. Ocean S. S. Co.

PATTERSON, District Judge.

There was a collision at sea between the Grecian and the Chattanooga. The Grecian and cargo became a total loss. The libelant brought suit as owner of the Grecian and also as bailee of the cargo, alleging that the fault was that of the Chattanooga, In the answer the respondent set up certain facts as a partial affirmative defense to the cause of action in behalf of the Grecian’s cargo. The present motion is to strike out this part of the answer for insufficiency.

In this defense it is pleaded that the collision was due to fault on the part of the master and crew of…