Foss Co. v. Vigilant Towing Co.

Appeal from the District Court of the United States for the Western District of Washington.

Libel in admiralty, wherein the libel and intervening libel of appellants, brought to recover damages from the appellees for the loss of the scow Aberdeen, owned by the Foss Company, and damage to the D. L. 43 scow owned by the Drummond Lighterage Company, was dismissed.

The scow Aberdeen, owned by the Foss Company, was chartered under a time charter to the Independent Gravel Company of Seattle, Wash., without motive power, and with no crew aboard. The scow D. L. No. 43, owned by the Drummond Lighterage Company, was also under time charter of the bare scow to the same company and had been so chartered for some time. Neither of the appellants knew of the use or manner in which these scows were being used. The Independent Gravel Company was a party to this aetion, but, due to insolvency and dissolution prior to the trial of this cause, did not appear, and no rights or liabilities were adjudicated as to the said gravel company.

On the 15th of March, 1927, the tug Vigilant, owned by the claimants and at the request of the Independent Gravel Company, took in tow two empty scows, the Aberdeen…