Citations
- 10 F. Supp. 492
Full opinion text
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 this libel will be assumed at. this stage of the litigation. The Barbara Cates (D. C.) 8 F. Supp. 470; The Senator (D, C.) 54 F.(2d) 420.
The- question for- determination is the jurisdiction.of this court to entertain the cross-libel. Respondent contends its cross-libel is maintainable .on two grounds: (1) When the United States comes into court to assert a claim, it discards its sovereign character and assumes the status of a private suitor; (2) section 783 of title 46 USCA, expressly authorizes the cross-libel.
The F. J. Luckenbach and the Thekla. were in collision with large damage t