BOSTON METALS CO. v. THE WINDING GULF et al.
No. 70.
Argued March 1, 1955.
Decided May 16, 1955.
John H. Skeen, Jr. argued the cause for petitioner. With him. on the brief was Eugene M. Feinblatt.
Charles S. Bolster argued the cause for respondents. With him on the brief were Seymour P. Edgerton, Robert Haydock, Jr. and Theodore R. Dankmeyer.
Mr. Justice Black
delivered the opinion of the Court.
The petitioner, Boston Metals Company, brought this suit in admiralty against the steam vessel Winding Gulf and her owners to recover for loss of its obsolete destroyer which sank after colliding with the Winding Gulf. The collision occurred while the destroyer was being towed by the tug Peter Moran; the destroyer itself was without power or crew. The owners of the Winding Gulf filed a cross-libel against petitioner, charging that the collision was due to unseaworthiness of the destroyer. After hearings, the District Court found that the collision was due to negligent navigation by the Winding Gulf, to inadequate lights on the destroyer and absence of a crew on the destroyer to keep its lights brightly burning. This absence of lights and crew the District Court found was the fault of the master of the tug Peter Moran. The tug master’s negligence, however, was imputed to the petitioner because of provisions in the towage contract that the master and crew of the tug would become the servants of the petitioner and that the towing company would not be responsible for their negligent towage. On this basis, the District Court entered a decree in favor of the cross-libellant against petitioner which resulted in dividing the damages equally between petitioner and respondents. 72 F. Supp. 50. The Court of Appeals affirmed on the same grounds. 209 F. 2d 410. We granted certiorari. 348 U. S. 811.
In Bisso v. Inland Waterways Corp., decided today, ante, p. 85, we held invalid a contract designed to shift responsibility for a towboat’s negligence from the towboat to its innocent tow. That holding controls this case. For whatever this contract said, here as in the Bisso case, the persons who conducted these towing operations were in fact acting as employees of the towing company, not as employees of the owner of the tow. Under these circumstances it was error to hold petitioner liable for negligence of the towing company’s employees. Cf. The Adriatic, 30 T. L. R. 699.
Reversed.
Mr. Justice Harlan took no part in the consideration or decision of this case.
[For opinion of Mr. Justice Douglas, concurring, see ante, p. 95.]
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