Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PUGET SOUND TUG & BARGE CO. v. UNITED STATES

September 10, 1947

PUGET SOUND TUG & BARGE CO.
v.
UNITED STATES



The opinion of the court was delivered by: BOWEN

In this action libelant Puget Sound Tug & Barge Co., bareboat charterer of the Barge 27, sued the United States as owner and operator of the Tug W.S.A. 18 for damages sustained by libelant by reason of the capsizing of the barge and spilling of six loaded railroad cars from the barge due to the alleged negligence of Tug W.S.A. 18, her master and crew, while towing the barge, with the railroad cars aboard, from Port Gamble to Seattle, Washington.

Libelant charged respondent with negligence in that the latter, after discovering the barge in a leaking condition after the towing was commenced, failed to beach the barge to prevent its capsizing and failed to otherwise take proper precautions to avoid further damage.

Respondent United States of America denied such negligence and charged libelant with lack of due care in the subsequent handling of the barge when it was delivered by respondent to the terminal dock at Seattle, respondent having notified libelant of the leaking condition of the barge.

 The Court, deciding only the question of liability, determined that both libelant and respondent were negligent and that libelant may recover only half of the damages sustained. (The case was continued for further trial on the question of the amount of damages.)

19470910

© 1992-2004 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.