Drummond Lighterage Co. v. Oregon-Washington R. & Nav. Co.

This is an appeal from a decree dismissing a libel in personam to recover damages caused by the stranding of a car barge, owned by the appellant, on a marine dock or gridiron, owned and maintained by the appellee. The gridiron was constructed by the appellee in 1922, adjacent to the East Waterway in the city of Seattle. In the work of construction, an excavation was made in the shore about 159 feet in length, 45 feet in width, and 8 feet 9 inches in depth. Piles were driven inside the space'thus excavated, and timbers or stringers were strung horizontally along the inside of the piling, to keep the sand from drifting onto the floor of the gridiron. The floor was excavated 6 inches below the desired depth, and was then filled in with coarse gravel, so as to be practically level throughout its entire width and length. At the inshore end of the gridiron rails were laid 8 feet 3 inches above the floor, and the barges were so constructed that when they rested on the floor of the gridiron the rails on their decks were 8 feet 3 inches above the floor, or even with the rails on the inshore end. When a loaded barge was placed on the gridiron, it was filled with water by opening the valves,…