Lewis v. Barber Asphalt Paving Co.

Citations

• 123 F. 161
• 1903 U.S. Dist. LEXIS 215

Syllabus

<p>1. Wharves—Liability of Owner for Injury to Vessel—Unsafe Condition of Bottom.</p> <p>Tlie owner of a wharf, used for its own purposes, which negligently allowed the bottom around it to become filled with obstructions, so that a vessel could not safely lie there unless special care was taken to prevent it from grounding at low tide, and which had a loaded lighter brought there and moored on Sunday, during the temporary abseuce of the master, assumed the duty of seeing that the vessel was so placed as to be safe, and is liable for its injury, resulting from the failure to breast it out into sufficiently deep water.</p> <p>A Towage—Tug Taking Vessel without a Master—Liability for Injury.</p> <p>A tug which took the lighter from a safe anchorage without the knowledge of the master, and with no one on board, undertook 'to see that the duties of a master were properly discharged, and did not relieve herself from liability by delegating such duty to the wharf owner.</p> <p>3. Same—Injury of Tow—Contributory Fault.</p> <p>The master of a lighter which had been loaded on Saturday left her at the wharf that night, with no one on board, returning Sunday morning. He had no notice of any intention to move her on Sunday, which was not usual, but before his return she had been taken away by a tug at the instance of the cargo owner, and she was injured at the latter’s wharf, through the negligent condition of the bottom, and the failure to give her proper care and attention. Eelcl, that the owner was not chargeable with fault because of the absence of the master when the boat was moved.</p>