WRIGHT, District Judge.
Libelant here is suing for damage to its cargo resulting when a barge chartered from respondent made water through a hole in her after rake and was beached to prevent total loss. The primary question concerns an alleged waiver of the warranty of seaworthiness in the charter party. The issues of fact and law having come on to be heard on the pleadings and proofs of the parties and due deliberation having been had, the court now makes the following...
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