Bisso, Receiver, v. Inland Waterways Corporation (349 U.S. 85)
U.S. Supreme Court · decided May 16, 1955 · Supreme Court Database (Spaeth)
- Citation
- 349 U.S. 85 · 75 S. Ct. 629
- Docket
- No. 50
- Argued
- February 28, 1955
- Decided
- May 16, 1955
- Term
- October Term 1954
- Vote
- 5–3
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Warren, Justice Black (wrote), Justice Douglas (wrote a concurrence), Justice Clark, Justice Minton
- Dissenting
- Justice Frankfurter (wrote), Justice Burton, Justice Reed
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The question presented is whether a towboat may validly contract against all liability for its own negligent towage. Since there is no controlling statute the question must be decided as a part of the judicially created admiralty law. Federal courts have disagreed as to whether there is or should be a judicial rule invalidating such contracts. Calling attention to this uncertainty, the District Court, sitting in admiralty, sustained a contractual provision exempting respondent towboat owner from liability for negligence and entered judgment accordingly. 114 F. Supp. 713. The Court of Appeals affirmed. 211 F. 2d 401. We granted certiorari to settle the question. 348 U. S. 811. The record including the findings of fact shows: Petitioner’s oil barge Bisso while being towed up the Mississippi River by the respondent’s steam towboat Cairo collided with a bridge pier and sank. At the time, the barge had no motive power, steering apparatus, officers or crew, its movements being completely controlled by the Cairo. Negligent towage by those operating the Cairo caused the collision. Consequently, respondent, owner of the Cairo, would have been required to pay petitioner damages unless relieved of liability by certain clauses in the towage contract. One provides that the towing movement should be at the “sole risk” of the barge, and…
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