At Law. Action by the Conners Marine Company against the Northwestern Fire Marine Insurance Company. On motion to dismiss complaint.
Motion sustained.
KNOX, District Judge.
The motion to dismiss the complaint for its failure to state a cause of action must be sustained. In my opinion, pontoons cannot properly be included in the category either of hulls and barges, or of hulls and cargoes. A pontoon falls within an entirely different designation. Although water borne, it is quite distinct from a hull, barge, or cargo, in both functions and reality. Furthermore, as I read the policy of insurance, it does not cover the loss which came to plaintiff as a result of a towage contract. Towage is not included within the liability of the assured "as owners, managing owners, operatives and/or operating agents, charterers, carriers, warehousemen, stevedores, wharfingers, forwarders, or freighters as imposed by law." Each of the enumerated capacities is without the inclusiveness of a towage contract.