Joshua Hendy Corp. v. Moore Dry Dock Co.
Opinion
lead Opinion
Roche, J.
Action by Joshua Hendy Corporation, assignee of Pacific Tankers, to recover from Moore Dry Dock Company $42,000 which was paid to an injured seaman by Pacific Tankers.
The facts are as follows:
Pacific Tankers, Inc., (the predecessor of Joshua Hendy Corporation), as repair representative for the U. S. Maritime Commission, entered into a written contract with Moore Dry Dock Company agreeing among other things to furnish and install two 30 foot, 3 ton booms on board the U. S. naval tanker, Pecos.
This installation was completed on or about January 21, 1948 and a document certifying that the booms had been tested was given to Pacific Tankers by Moore Dry Dock Company.
On January 30, 1948, the U. S. Navy delivered the vessel to Pacific Tankers Inc., who was to operate the vessel from *809 that date forward under the terms of the operating contract.
On March 5, 1949, after the vessel had taken a cargo, and while the port mid-ship boom was in the process of being lowered into its cradle the goose neck pin holding the boom to the king post broke. The boom fell striking and injuring a seaman, Jorgen Robertson.