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THE BERTIE E. TULL

No. 1410.

10 F.Supp. 492 (1935)

THE BERTIE E. TULL. CHESAPEAKE MARINE RY. CO. v. UNITED STATES.

District Court, D. Delaware.

April 8, 1935.

Attorney(s) appearing for the Case

Leonard E. Wales, U. S. Atty., of Wilmington, Del., for libelant.

John H. Skeen (of Emory, Beeuwkes, Skeen & Oppenheimer) and George W. P. Whip, both of Baltimore, Md., and William G. Mahaffy, of Wilmington, Del., for respondent.

NIELDS, District Judge.

The United States has excepted to the cross-libel of the Chesapeake Marine Railway Company, claimant of the freight motor vessel Bertie E. Tull, upon the ground that the cross-libel sounds in tort and cannot be maintained against the United States.

The United States filed its libel against the above-named vessel for damages to its dyke in the Delaware river extending in a northwesterly direction from Pea Patch Island. Jurisdiction of...

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