Proctor & Gamble Co. v. Atlantic Oil Transit Corp.

MANTON, Circuit Judge.

The appellant succeeded in obtaining a decree, on the merits, against the appellee, for cargo loss on the tank barge Fred E. Hasler (D. C.) 51 F.(2d) 779. The barge sank loaded with whale oil, and the libel filed was said to be “in a cause of contract, civil and maritime.” Liability- was imposed because of the unseaworthiness of the Fred E. Hasler. It was after the decision of this court that ap-pellee, by amendment to its answer, pleaded as a partial defense the right to limit its liability under the statute. When the cause was here before, we said: .

“The contract of…