States S. S. Co. v. Rothschild International Stevedoring Co.

This is an appeal from a decree in admiralty of the United States■ District Court for the Western District of Washington, Northern Division. The question presented is whether a shipowner, who has space chartered its ship to a third party, may be indemnified for liabilities arising by reason of the active negligence of a stevedoring company hired by the third party, causing the vessel to be unseaworthy.

The shipowner brought this action in admiralty in the court below, alleging that it was the owner of the merchant vessel Arizona ; that the vessel had been space chartered to the United States Army; that the Army had reserved the right to select the civilian stevedores who would be employed in loading and unloading the vessel; that the Army had chosen Rothschild International Stevedoring Company (hereafter stevedore company) to stevedore the Arizona at the time in question; that Weibling, an employee of the stevedore company, had been injured by the handle of a winch and had subsequently died; that the shipowner had been sued by Weibling’s widow and had settled the claim by the payment to her •of the sum of $22,000.00 because of its non-delegable duty to provide a safe place on the…

(concurring specially) .

This case went off on a motion to dismiss the shipowner’s libel in personam. I agree that the cause should have been tried and the facts developed in order that a complete picture of the situation be obtained, and accordingly that the judgment of dismissal should be vacated and the matter remanded for trial.

There is strong intimation in the libel that the death of the longshoreman employed by the stevedoring company may have been proximately due to a bent and defective winch handle which was part of the loading gear provided by the shipowner. Thus the suit may ultimately prove to be within the rule of Halcyon Lines v. Haenn Ship Corp., 342 U.S. 282, 283 , 72 S.Ct. 277 , 96 L.Ed. 318 .

There is one further matter on which I reserve judgment. If there had been a contractual relationship between the shipowner and the stevedoring company, the Longshoremen’s and Harbor Worker’s Act would not preclude indemnity over. But to my mind there is a serious question whether the lack of such contractual relationship would not preclude indemnity, since the sole duty of the stevedoring company, arising under § 5 of the Longshoremen’s Act, was not the duty discharged…

205 F.2d 253 STATES S.S. CO. v. ROTHCHILD INTERNATIONAL STEVEDORING CO. No. 13382. United States Court of Appeals Ninth Circuit. June 15, 1953. Bogle, Bogle & Gates, Edward S. Franklin, Seattle, Wash., for appellant. Little, LeSourd, Palmer & Scott, Robert L. Palmer, Seattle, Wash., for appellee. Before DENMAN, Chief Judge, HEALY, Circuit Judge, and JAMES M. CARTER, District Judge. DENMAN, Chief Judge. 1 This is an appeal from a decree in admiralty of the United States District Court for the Western District of Washington, Northern Division. The question presented is whether a shipowner, who has space chartered its ship to a third party, may be indemnified for liabilities arising by reason of the active negligence of a stevedoring company hired by the third party, causing the vessel to be unseaworthy. 2 The shipowner brought this action in admiralty in the court below, alleging that it was the owner of the merchant vessel Arizona; that the vessel had been space chartered to the United States Army; that the Army had reserved the right to select the civilian stevedores who would be employed in loading and unloading the vessel; that the Army had chosen Rothschild…