The C. W. Mills
District Court, S.D. Alabama
In Admiralty. Suit by the United States against the schooner C. W. Mills (Mobile Towing & Wrecking Company, claimant), the, tug Mary Wittich, and Thomas L,. Cook, pilot.
1Opinion of the Court
TOUUMIN, District Judge.
[1,2] The relation between tug and tow, under ordinary circumstances, is that of independent contractor, not that of principal and agent. The tug is not the servant or employe of the tow, and the tow is not responsible for the acts of the tug. If the tow collide with some vessel on the voyage, it is not liable for the damage caused thereby, unless some negligence contributing to the collision be proved against the tow. The tow is not liable for the tug’s acts, where the latter directs the navigation. The same rule applies where the tow collides with any object subject…
2Cases cited4 opinions
- The QuickstepSupreme Court of the United States · 1870
- The SyracuseSupreme Court of the United States · 1870
- The Dora AllisonDistrict Court, S.D. Alabama · 1914
- The N. & W. No. 2District Court, E.D. New York · 1900
3Cited by3 opinions
- Pennsylvania Railroad v. Eastern Transportation Co.Supreme Court of Delaware · 1935
- Grays Harbor County v. Motorship BrimangerWashington Supreme Court · 1933
- United States v. The DolphinDistrict Court, D. Massachusetts · 1923