GUZMAN v. PICHIRILO
No. 358
Supreme Court of the United States
Argued March 27, 1962.—Decided May 21, 1962
369 U.S. 698
Seymour P. Edgerton argued the cause and filed briefs for respondent.
MR. JUSTICE CLARK delivered the opinion of the Court.
Petitioner, a longshoreman, was injured while unloading the M/V Carib, of Dominican registry, when a shackle broke causing one of the ship‘s booms to fall upon and severely injure him. He brought this suit in admiralty to recover damages resulting from the unseaworthy condition of the ship. The libel was in rem against the Carib and in personam against respondent Pichirilo, her owner. The defense was that the Carib
To create a demise the owner of the vessel must completely and exclusively relinquish “possession, command, and navigation” thereof to the dеmisee. United States v. Shea, 152 U. S. 178 (1894); Leary v. United States, 14 Wall. 607 (1872); Reed v. United States, 11 Wall. 591 (1871). See generally Gilmore & Black, The Law of Admiralty, 215-219; Robinson, Admiralty, 593-601; Scrutton, Charterparties (16th ed., McNair & Mocatta),
The owner who attempts to escape his normal liability for the unseaworthiness of his vessel on the ground that he has temporarily been rеlieved of this obligation has the burden of establishing the facts which give rise to such relief. Thus, assuming arguendo that a demise charter party would isolate the owner from liability, the owner has the burden of showing such a charter. This burden is heavy, for courts are reluctant to find a demise when the dealings between the parties are consistent with any lesser relationship. E. g., Reed v. United States, supra, at 601. To establish a demise the owner in thе instant case offered only the testimony of the director-partner of the claimed demisee, petitioner‘s employer.4 He testified that his company had complete control over and responsibility for the operation of the Carib, in consideration of which the owner was paid $200 monthly. He explained that his company‘s agreement with the owner was “a kind of charter, because it does not comply with the regular provisions of a charter party. I pay the seamen, food, repair, maintenance, drydocking; which in a regular charter рarty are excluded.” To negate the existence of a demise the petitioner offered the deposition
It is true, as the Court of Appeals pointed out, that the equivocation by the witness for the owner on the nature of his company‘s arrangеment is not inconsistent with the existence of a demise charter party, for the very elements he thought made the arrangement “a kind of charter” are inherent in a demise charter party. See authorities cited, p. 699, supra. And it is equally true the fact that the Captain is employed by the owner is not fatal to the creation of a demise charter party, for a vessel can bе demised complete with captain if he is subject to the orders of the demisee during the period of the demise. United States v. Shea, supra, at 190; Robinson, op. cit., supra, 594-595. If we were convinced, as was the Court of Appeals, that the trial court‘s action was colored by a misunderstanding of such legal principles, we would have to remand, as the Court of Appeals should have, for further findings by the trial court on the credibility of the оwner‘s witness. E. g., Kweskin v. Finkelstein, 223 F. 2d 677, 679 (C. A. 7th Cir. 1955). However, we have concluded that the trial court clearly disbelieved the testimony offered by respondent to establish a demise charter party. The trial judge not only found that respondent
The “clearly erroneous” rule of civil aсtions is applicable to suits in admiralty in general, McAllister v. United States, 348 U. S. 19, 20 (1954); see Roper v. United States, 368 U. S. 20, 23 (1961), and to the existence of the operative facts of a demise charter party in particular, Gardner v. The Calvert, 253 F. 2d 395, 399 (C. A. 3d Cir. 1958). Under this rule an appellate court cannot upset a trial court‘s factual findings unless it “is left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co., 333 U. S. 364, 395 (1948). A refusal to credit the uncorroborated testimony of the dirеctor-partner, who obviously was not disinterested in the outcome of the litigation, would not be considered clearly erroneous. See, e. g., United States v. Oregon State Medical Society, 343 U. S. 326, 339 (1952); Mayer v. Zim Israel Navigation Co., 289 F. 2d 562, 563 (C. A. 2d Cir. 1960). This is especially so when such testimony is prompted by leading questions as was the case here.5 A fortiori the refusal to accept such testimony, disputed as it was by the testimony of the Captain, cannot be considered clearly erroneous.
Since the trial court‘s determination that there was no demise charter party is not clearly erroneous, its holding that the owner is liable in personam and the vessel in rem must be reinstated. The case is therefore rеmanded to the Court of Appeals for further proceedings consistent with this opinion including the resolution of any questions it might have left unanswered on the assumption that there was no liability.
Reversed and remanded.
MR. JUSTICE FRANKFURTER took no part in the decision of this case.
MR. JUSTICE WHITE took no part in the consideration or decision of this case.
MR. JUSTICE HARLAN, dissenting.
Certiorari was granted in this case because it was thought that the legal principles underlying one aspect of the decision below were in conflict with those applied by the Second Circuit in Grillea v. United States, 232 F. 2d 919.
The Court, however, does not resolve that conflict, nor does it decide any other question of law not already established by its past decisions. Instead, the judgment below is reversed merely because this Court disagrees with the Court of Appeals’ factual еstimate of the case.
I would affirm.