Exceptions overruled. See also 54 F. Supp. 157. CHESNUT, District Judge.
Petition of Reliance Marine Transp. Const. Corp., 206 F.2d 240, 243 (2d Cir. 1953); Miller v. Union Barge Line Corp., 299 F. Supp. 718 (W.D.Pa. 1969). This warranty is non-delegable, The Louise, 54 F. Supp. 157, 161 (D.Md. 1943), and shipowner has the burden of proving that the ship was seaworthy at that time. A finding of excessive rust on cargo resulting from the seepage of seawater through the hatch covers of the No. 3 hold would justify the presumption of the unseaworthiness of the S.S. CRYSTAL GEM, which, remaining unrebutted, would entitle plaintiff to a decree against shipowner and charterer for such damage.