Red Star Barge Line, Inc. v. Luria Bros.

IRVING R. KAUFMAN, District Judge.

On January 3, 1950 libelant through Hughes Brothers, Inc. chartered to the respondent Luria Bros. & Co., Inc., the scow Seaboard No. 44 for an indefinite period, at an agreed rate of charter hire per day. Thereupon the vessel was delivered to respondent and used by it in its business. On or about January 6, 1950, respondent returned the scow to libelant in what the parties agree was a damaged condition not due to ordinary wear and tear. Libelant brought this suit for damages.

The scow was used by respondent to receive a cargo of steel scrap which re*658spondent…