Banks v. Chas. Kurz Co.

KALODNER, Circuit Judge.

This is a libel for charter hire and damages arising out of the capsizing, in Philadelphia port waters, of two of the libellants’ scows, the “Winchester” and the “B. & O.,” while engaged in a service arranged for by the respondent, Chas. Kurz Co. The latter impleaded the Independent Pier Company, a stevedoring organization, but upon conclusion of the trial the action against it was dismissed for lack of evidence.

Three major issues on the merits are presented, first, the role of the respondent in its dealings with the libellants, that is whether agent or principal;…