Charles Warner Co. v. United States

Citations

• 101 F. 884
• 1900 U.S. App. LEXIS 5188

Syllabus

<p>1. Action against United States — Answer.</p> <p>In a suit against tbe United States under the act of March 3, 1887 (24 Stat. 505), a failure to file answer and notice within the period prescribed by section 6 of that act is not a jurisdictional defect, but only an irregularity which may be waived.</p> <p>2. Contracts — Construction.</p> <p>Where the United States charters a steam-tug for attendance on other vessels, not possessing the power of self-propulsion, engaged in government work at Cross Ledge Light in Delaware Bay, in order to remove them to a place of safety in case of stress of weather or accident, not furnishing the crew or pilot of such steam-tug, competent knowledge is required on the part of those having the tug in charge of the waters of that portion of the bay including the depth of water and channels between Cross Ledge Light and Morris River which is the most convenient and accessible haven of refuge, and the United States in engaging the services of the steam-tug had a right to assume that her master or pilot possessed such knowledge or at least that she was provided with a suitable chart of the bay from which such knowledge might be derived.</p> <p>3. Same — Sufficiency of Appbiances.</p> <p>The owner of a barge, not self-propelling, in contracting with the United States for the chartering or hiring of such barge by the latter, undertook that she should be “in first-class condition, fully equipped, with all the necessary anchors, lines, chains, pumps, etc.,” and that she should be “in charge of a competent man to be selected and paid” by the owner; the contract also providing for an inspection of the vessel by the United States • before it should enter the service of the latter. Held, on the facts, that the provision for inspection was a stipulation on the part of the United States reserving to it the right to decline to permit the vessel to enter its service should the United States be dissatisfied with her condition, find was not intended