Fox

The Commercial Boiler Works entered into a contract with the Cary-Davis Tug & Barge Company, wherein the former agreed to install two fresh-water steel tanks in the aft part of a tug owned by the latter. The contract contained the following stipulations, among others:

Work on the installation of the two tanks began about a month after the execution of the contract, and was prosecuted day and night until the tug was damaged by fire about two weeks after the work commenced. The steel plates for the tanks were fabricated in the shops of the boiler works and lowered through the skylight into the engine room of the tug, and were then put in place and the edges of the plates held together by spot welding. Later the plates were welded along the edges by electro welding, so as to unite them and make them water tight. The original contract did not seem to contemplate the use of the tug while the work on the tanks was in progress, but by some subsequent understanding or arrangement the crew was allowed to occupy their living and sleeping quarters in the forward part of the tug and the owner was permitted to use the tug *65 for short towing services. When the tug was engaged in performing a…