Hercules, Inc. v. Stevens Shipping Co., Aetna Casualty & Surety Company, Third Party

KRAVITCH, Circuit Judge:

On June 29, 1975, the barge Herwood capsized in the Caribbean Sea, losing its cargo of some 4,350 telephone poles and sustaining substantial damage to its hull. The parties then embarked upon an odyssey of litigation, which, ten years after the capsize, finally has culminated in the instant appeal. Stevens Shipping Co., Inc., the stevedoring firm that loaded the poles onto the barge, appeals from a judgment holding it liable to Aetna Casualty & Surety Co., the cargo owner’s subrogated insurer, for 35% of the damages sustained by the cargo owner plus prejudgment…