Washington Tug & Barge Co. v. Weyerhauser Timber Co.

This action was brought by the Weyerhauser Timber Company, appellee, against the Brady & Keteham Lumber Company to recover damages for injury to its lumber barge, “W. T. No. 17.” By petition, under admiralty rule No. 56, the latter brought in the Washington Tug & Barge Company as a third party respondent upon the representation that it was primarily at fault. The parties will hereinafter be referred to respectively as the libelant, Brady & Keteham, and the tugboat company. Appropriate answers were filed, and, the cause being at issue, a trial was had, wherein all the testimony was given orally in open court. In harmony with written findings and decision final judgment was entered for libelant against Brady & Keteham in the sum of $4,017.51, and over in favor of Brady & Keteham against the tugboat company for $4,040.05. Brady & Keteham and the tugboat company severally appeal.

Admittedly the barge was seriously damaged, and as to the amount of the judgment it is only necessary to say that the finding below is supported by substantial evidence. We therefore proceed to a consideration of the underlying question of liability.

In October, 1925, Brady & Keteham purchased from libelant…