162 F.2d 90 | 2d Cir. | 1947
Judge Galston’s opinion in the district court is reported,
Although the judge found the scow seaworthy when her owner delivered her to the charterer in December, 1942, he made no finding on that issue as of the time she capsized — September, 1943. We cannot tell whether he accepted the testimony of the witness, Skogen, that “there was water running, but not a stream” on the inside of the scow when he went below to examine her. If it was a pm t of the charterer’s case against the dredging company that the scow must be seaworthy at the time when the. charterer left her alongside the stakeboat, we should fee: obliged to remit the case for a finding; we need not because the issue is immaterial. There was ample evidence to support the finding that it was the predice of the dredging company when it had loaded a scow which liad no bargee on board, and had towed it out to the stakeboat, to assign a “dredge watchman to go out io such scows regularly and pump them out.” Indeed, rhe testimony was that such scows were constantly watched and guarded. This finding puts an end to the argument that the dredging company owed no duty to the scow; for it is not true that no vessel owes any duty to care for a scow or barge unless she is in bail; there are other sources of such a duty. Whether at any time there was basis in our decisions for a contrary view, beginning at least with The William Guillan Howard,
Lastly, the dredge was herself liable in rem. Had she been a towing tug, she would have been,
Decrees affirmed.
The Henry E., D.C., 61 F.Supp. 327.
2 Cir., 252 F. 85.
Doherty v. Pennsylvania R. Co., 2 Cir., 209 F. 959; Harris v. Port Reading Co., 2 Cir., 45 F.2d 160; Du Bois Sons Co. v. Pennsylvania R. Co., 2 Cir., 47 F. 2d 172; Thorne, Neale & Co. v. Reading Co., 2 Cir., 87 F.2d 694; The Helderherg, 2 Cir., 94 F.2d 949; The Tillie S., 2 Cir., 123 F.2d 899.
The John G. Stevens, 170 U.S. 113, 18 S.Ct. 544, 42 L.Ed. 969.