H-10 Water Taxi Company, Ltd. v. United States

This is a case in admiralty. The district court had jurisdiction under 28 U.S.C. § 1333, and we have jurisdiction of the appeal under 28 U.S.C. § 1291 .

The USS PLATTE is a public vessel owned by the appellee United States and operated by the Navy. On July 1, 1961 appellee contracted with Craig Shipbuilding Company to repair the PLATTE, the contract requiring, inter alia, that Craig dispose of the garbage from the vessel. Craig subcontracted the garbage removal by engaging appellant H-10 Water Taxi Company, Ltd. On March 7, 1962 Jack Cosgrove, an employee of H-10, was working on H-10's garbage barge receiving garbage from the PLATTE. Due to the alleged negligence of sailors aboard the PLATTE, a steel drum containing garbage fell upon Cosgrove, injuring him.

Cosgrove sued the appellee United States and the appellant H-10 in the district court for personal injuries. He also filed suit in state court against appellant, his employer and owner of the vessel upon which he was working, for maintenance and cure. The latter action was abated pending determination of the action for personal injuries. The action for personal injuries was settled by the entry of a consent judgment of…