United States v. Diesel Tanker A. C. Dodge, Inc.

RAYFIEL, District Judge.

The libelant, charterer of the Steam Tanker Amtank, filed a libel herein on October 24, 1956 to recover losses sustained in the detention of the vessel and in damage to her hull, occasioned when she was struck by the Motor Tanker A. C. Dodge, owned and operated by the respondent. The collision occurred on June 17, 1945.

The respondent filed exceptive allegations to, and moved to dismiss the libel, basing its motion chiefly on the following claims: (1) That under the terms of the charter the libelant was subrogated to the rights of the owner of the vessel and stands in…