F. Jacobus Transportation Co. v. Gallagher Bros. Sand & Gravel Corp.

HERLANDS, District Judge.

The questions before the Court are presented by exceptions filed to the second and third affirmative defenses contained in the respondent’s second amended answer. For the reasons expressed in this opinion, the exception to the second defense is overruled, and the exception to the third defense is sustained.

I

This is a libel for damage to the scow Dorothy Crean. The libel alleges that, on or about November 15, 1955, the li-belant chartered the Dorothy Crean to the respondent for an indefinite period, at a fixed daily rate, “with the understanding that the said scow was…