Chesapeake Marine Ry. Co. v. United States

NIELDS, District Judge.

The United States has excepted to the cross-libel of the Chesapeake Marine Railway Company, claimant of the freight motor vessel Bertie E. Tull,.upon the ground that the cross-libel sounds in tort and cannot be maintained against the United States.

The United States filed its libel against the above-named vessel for damages to its dyke in the Delaware river extending in a northwesterly direction from Pea Patch Island. Jurisdiction of this libel will be assumed at. this stage of the litigation. The Barbara Cates (D. C.) 8 F. Supp. 470; The Senator (D, C.) 54 F.(2d) 420.

The…