Flat-Top Fuel Co. v. Martin

SWAN, Circuit Judge.

This is a libel in personam brought against the owner of a coal barge, Northern No. 29, by the owner of the cargo she was carrying when she sank on December 10, 1933. Both the vessel and her cargo were a total-loss. The libel contains two counts; one alleging a contract of carriage and a breach thereof by failure to deliver; the other’ in tort, on the theory that the respondent was negligent in supplying an unseaworthy barge for the transportation of the libelant’s coal. The respondent’s answer denied the making of "a contract of carriage, denied that the barge was…