The Tank Steamer Fort Fetterman, Libellee, and Chas. Kurz & Co., Inc., Cross-Libellant v. South Carolina State Highway Department, Libellant And

HOFFMAN, District Judge.

We have considered the merits of this controversy on two prior occasions. 1 Upon rehearing following our first opinion, we adhered to the applicability of the Pennsylvania rule, but remanded the case to the District Court for specific findings.

Essentially there are two questions for determination. One involves the alleged protrusion of the gear racks and whether this constituted a statutory fault; the other concerns the admitted violation of the permit issued by the War Department prior to the construction of the Ashley River bridge with regard to the maximum elevation…