Beard's Erie Basin, Inc. v. O'Brien Bros.

Article Four of the libel in the suit of Beard’s Erie Basin v. O’Brien Brothers alleged that the scow “was unseaworthy” (presumably when she sank). The answer of O’Brien Brothers denied this allegation and then affirmatively alleged that the scow was seaworthy, when delivered on charter to the Moran Company. In its petition im-pleading the Moran Company, O’Brien Brothers also alleged — Article Fifth — that the scow was seaworthy when delivered, and this the Moran Company denied in its answer; as it also denied the allegation in the libel that the scow was unseaworthy when she sank. The Moran…