Bisso v. Inland Waterways Corp.

Mr. Justice Frankfurter, whom Mr. Justice Reed and Mr. Justice Burton join,

dissenting.

Drawing on its constitutional powers in matters maritime (Art. III, § 2), this Court has probably made as much substantive admiralty law through adjudication as has Congress by legislation. Indeed, not a little of legislation has displaced or modified the Court’s decisions. This creative judicial function of making admiralty law remains unimpaired, so that it is within the Court’s jurisdiction now to announce, as new doctrine, that tow and tug may not by agreement relieve the tug of liability for damage to…