Graham v. The Novarchos Koundouriotis

SIMPSON, District Judge.

By my Order of April 13, 1951 in this case, I struck the respondent’s defenses, Second to Sixth, inclusive, upon libellant’s motion. These defenses raise the defenses of contributory negligence, the negligence of the employer, of plaintiff’s decedent, Strachan Shipping Company, and the due care on the part of the vessel, its owner and master, in providing safe equipment and inspecting the same. Upon rehearing granted and full reargument, I am convinced that the Striking of these defenses was error, and that they should be reinstated and made available to the…