Bundensen
Stockton Sand & Crushed Rock Co. v. Bundensen
Opinion
Lead Opinion
Denman, J.
This is an appeal from a decree in admiralty holding appellee partners free *160 from liability for damages by fire to appellant’s derrick barge while engaged in dredging a channel for an outfall sewer on Napa River near Vallejo, California. The barge also was placing and driving a protective barrier of pilings at the channel’s edges to prevent the slipping back into the channel of the removed material.
The district court found as to the agreement between the parties that appellant agreed to furnish to appellees the services of the derrick barge Foy No. 2 in connection with the construction of an outfall sewer by said appellees for the United States Navy near Vallejo, California. Appellant agreed to furnish the services of the barge until the completion of the construction work provided appellees found that the barge was suitable and capable of performing the contemplated services. Appellant agreed to furnish the services of said barge as aforesaid for the charge of $10 per hour of actual use with a minimum charge for four hours on any day the barge was steamed up. Appellant agreed to furnish and to include in the hourly charge of $10 an operator, a fireman, water, fuel, oil and…