United States v. New England Coal & Coke Co.

FORD, District Judge.

This is a libel filed by the United States as owner of the S. S. Benjamin Williams seeking to recover for damage alleged to have been done to the vessel on or about October 19, 1942, while under charter to the respondent New England Coal & Coke Company (hereinafter called the Coal Company). The charterer duly impleaded a public wharfinger, the Mystic Terminal Company (hereinafter called Terminal), on the ground that if there was any damage it was caused by Terminal in discharging a cargo of coal.

It appears from the pleadings that the charter party entered into between the…