Union Sulphur & Oil Corp. v. W. J. Jones & Son, Inc.

Union Sulphur and Oil Corporation, hereafter Union Sulphur, appeals from a decree in admiralty denying it either indemnity or contribution from W. J. Jones & Son, Inc., hereafter Jones, Inc., im-pleaded by Union Sulphur as respondent claimed to have such liability to Union Sulphur because of the latter’s discharge of a liability owed by both parties to Marshall, the libellant against Union Sulphur’s ship. The admiralty jurisdiction was invoked by a libel in rem against Union Sulphur’s steamship Herman Frasch filed by one Marshall claiming for personal injuries received from the steamer’s un-seaworthy condition. Union Sulphur claimed the vessel and deposited its bond which became the res against which Marshall proceeded.

Marshall, a stevedore employee of Jones, Inc., was injured while engaged in steve-doring work in discharging sulphur from the steamer. He and Union Sulphur agreed to settle his claim for $6,110. Union Sul-phur and Jones, Inc., agreed that the settlement of $6,1.10 was reasonable compensation for Marshall’s injuries, and that he is entitled to the decree in his favor.

The court found that both corporations were concurrently negligent, but denied compensation upon…