E. I. Du Pont De Nemours & Co. v. Bentley

The petition alleged no connection of the petitioner with the vessels, except as shown by the charter party, .together with the fact that he used them to carry the powder. It must appear from the pleading itself that the petitioner is a charterer of the kind described in the statute, and here it is too plain for discussion that the charter party did not make him such. Smith v. Booth (D. C.) 110 F. 680. Whether other facts might bring him within the statute we need not inquire. We must go by the pleading. Hartford Accident & Indemnity Insurance Co. v. So. Pac. Ry. (February 21,1927) 47 S. Ct.…