James McWilliams Blue Line, Inc. v. Esso Standard Oil Co.

DAWSON, District Judge.

Respondent, pursuant to Rule 27 of the Admiralty Rules, 28 U.S.C.A. excepts to the competency of the defenses of the Statute of Limitations and laches alleged in the answer of the respondent-impleaded.

This is a libel by the charterer of Barge Petroleum No. 7, to recover for damages suffered by the barge while under a time charter to the respondent, Esso. Respondent alleges that the damage was caused on October 30, 1950, through the negligence of the respondentimpleaded’s tug Maple Leaf, which respondent had engaged to tow the barge.

The libel was filed on October 1,…