Sims v. Chesapeake & Ohio Railway Co.

(dissenting)-

This is an admiralty case involving the Sylvania, a ship owned by Tomlinson Fleet Corporation; Sims, an injured seaman from that ship; and Chesapeake & Ohio Railway, the wharfinger, (where that ship was docked) upon whose property and by whose negligent maintenance of its property the seaman was injured. The question in the case, as I see it, is whether or not the District Court was right in holding that the ship may recover from the wharfinger, on the theory of implied warranty, costs and attorney fees it expended in its successful defense of the seaman’s Jones Act (46 U.S.C. §…