District Court, E.D. Pennsylvania August 28, 1944, Civil Action No. 2546 (Van Horn v. Waterman S. S. Corp.)

KIRKPATRICK, District Judge.

I have come to the conclusion that I was wrong in directing the dismissal of this complaint.

Assuming that the defendant’s vessels which called at the port of Philadelphia during the years 1940 and 1941 were actually time chartered to the Pan-Atlantic Steamship Company — and there is serious doubt whether the testimony of Mr.