242 F. 494 | 4th Cir. | 1917
Por a more detailed statement of facts reference is made to the reported opinion of the court below. 237 Fed. 725. It will serve the purpose of this appeal to say that the appellee, Davison Chemical Company, hired from the appellant, Arundel Sand & Gravel Company, one of its scows, known as No. 63, to be used in unloading from a steamer in the harbor of Baltimore a cargo of pyrites consigned to the Davison Company, but belonging to Naylor & Co., the other appellee. During the progress of the work, and while alongside the steamer, the scow capsized and sunk, having on board at the time about 450 tons of pyrites which became a total loss. A libel was hied by the owner and consignee of the cargo against appellant, owner of the scow, and the Terminal Shipping Company, which was employed to unload the steamer and for whose use the scow was provided. The trial court held the appellant solely at fault and entered a decree against it for the resulting damages. As against the Terminal Company the libel was dismissed.
Affirmed.