Gray & Barash, Inc. v. Luckenbach S. S. Co.

This is an appeal from a decree dismissing a libel in admiralty. Briefly stated, the facts are as follows :

In October, 1922, the appellant purchased one 1,250-kilowatt General Electric steam turbo generator and base from the Tiffany FJeetrie Company, of New Haven, Conn. It then arranged with the respondent, Luekenbach Steamship Company, to carry the generator and base by water from the port of Philadelphia to the port of Seattle. The generator and base were incased in a substantial wooden crate, and for the purpose of handling and loading the seller, at the instance of the buyer, placed two substantial wire cables around the crate, of sufficient strength to lift and handle it. These cables were fastened by lapping and doubling back and fastening the ends by means of U-shaped clamps. The clamps were threaded on the end, and the cable held in place and tightened by means of nuts screwed down over a movable bar. The erato was loaded onto the train at New Haven, and removed from the train to the dock, and from the dock to the vessel at Philadelphia, by means of these cables. Upon arrival of the vessel at Seattle, the cables were again used by the stevedoring company in unloading…