Boston Metals Co. v. the Winding Gulf et al. (349 U.S. 122)

U.S. Supreme Court · decided May 16, 1955 · Supreme Court Database (Spaeth)

Citation
349 U.S. 122 · 75 S. Ct. 649
Docket
No. 70
Argued
March 1, 1955
Decided
May 16, 1955
Term
October Term 1954
Vote
6–2
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
Concurring in the judgment
Justice Frankfurter (wrote)
Dissenting
Justice Burton (wrote), Justice Reed

Opinion on Justia

Opinion excerpt

Mr. Justice Black delivered the opinion of the Court. The petitioner, Boston Metals Company, brought this suit in admiralty against the steam vessel Winding Gulf and her owners to recover for loss of its obsolete destroyer which sank after colliding with the Winding Gulf. The collision occurred while the destroyer was being towed by the tug Peter Moran; the destroyer itself was without power or crew. The owners of the Winding Gulf filed a cross-libel against petitioner, charging that the collision was due to unseaworthiness of the destroyer. After hearings, the District Court found that the collision was due to negligent navigation by the Winding Gulf, to inadequate lights on the destroyer and absence of a crew on the destroyer to keep its lights brightly burning. This absence of lights and crew the District Court found was the fault of the master of the tug Peter Moran. The tug master’s negligence, however, was imputed to the petitioner because of provisions in the towage contract that the master and crew of the tug would become the servants of the petitioner and that the towing company would not be responsible for their negligent towage. On this basis, the District Court entered a decree in favor of the cross-libellant against petitioner which resulted in dividing the damages equally between petitioner and respondents. 72 F. Supp. 50. The Court of Appeals affirmed on the…

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