Lake Union Dry Dock & Machine Works v. United States

Appellant, owner of a ship repair yard and free floating dry dock in Lake Union, Wash., appeals from the decision of the District Court holding that pursuant to a contract for repairing appellee’s vessel, the Guard, the vessel became a bailment to the appellant, and that damage to the vessel by fire was attributable to appellant’s failure to fulfill the obligation of due care arising from the bailment; hence judgment against appellant.

In accordance with the contract the Guard was brought to appellant’s yard and there placed on blocks on defendant’s floating dry dock and the dock raised until the keel of the vessel was some six or eight feet above the water line. The dock was square-ended, 32 feet wide and 70 feet long, and floated like a lighter free upon .the water, and could be move'd from place to place while the appellant used it to hold the Guard in the air. It was moored to a wharf in appellant’s ship repairing plant by mooring hausers. On the sides of the dry dock were cleats to which the hausers were belaid. From the exhibits in evidence it is apparent that one man should be able to cast off the hausers in about three minutes’ time, after which, if the wind was…