Medomsley Steam Shipping Company v. Elizabeth River Terminals, Inc.

J. SPENCER BELL, Circuit Judge.

Libellant’s vessel was moored to respondent’s pier when it broke away during a high wind and damaged a bridge which belonged'to the Commonwealth of Virginia. Respondent declined to participate in a subsequent settlement of the Commonwealth’s claim for damages to its bridge, and this action was brought. The libel as filed alleged a right of indemnification against the respondent wharfinger upon a theory of implied war ranty as distinguished from a right to recover in an action sounding in negligence. The respondent, while conceding that an action based on…