United States v. Nielson, 349 U.S. 129 (1955)

United States v. Nielson


No. 210


Argued March 1, 1955
Decided May 16, 1955
349 U.S. 129

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

A contract between a tugboat company and a shipowner, for rendering assistance in moving a steamship under its own power, provided that a tugboat captain going aboard the ship to direct he moving operation would become the servant of the shipowner and that the tugboat company would not be "liable for any damage" resulting therefrom.

Held: the contract did not authorize recovery by the tugboat company for damage to its own tugboat resulting from negligent pilotage by a tugboat captain who had gone aboard the ship to direct the moving operation. Pp. 129-132.

209 F.2d 958, reversed.