International Contracting Co. v. Walsh

Citations

• 115 F. 851
• 1902 U.S. Dist. LEXIS 246

Syllabus

<p>1. Shipping — Hiring op Scows — Liability op Hirer por Injury.</p> <p>An injury to scows, resulting from their going adrift hy reason of the parting of their lines while being towed in from the dumping grounds, in the absence of proof of negligent handling of the tow, or that the sea was in such condition as to render it negligence in the hirer to attempt their navigation, was presumably due to their not being equipped by the owner with suitable lines; and to charge the hirer with liability therefor the burden rests upon the owner to show clearly that the risk of injury from such cause was assumed by the hirer.</p> <p>2. Same.</p> <p>A hirer of scows which went adrift by reason of the insufficiency of the lines with which they were equipped by the owner, if negligent in failing to make an effort to recover the vessels, or to promptly notify the owner of their loss is liable for damages approximately resulting from such negligence or delay; but the contract cannot be considered as remaining in force thereafter, so as to render him liable for further hire.</p>