Bartley Scow Corp. v. J. V. Petrie & Son, Inc.

SWAN, Circuit Judge.

There is no dispute as to the facts. The scow was orally chartered by the libelant to the respondent Petrie & Son, and was subehartered by it to the Hygrade Company upon the same terms. Nothing is shown as to such terms except that the hire was $12 per day, and a bargee went with the scow. It passed directly from the libelant’s possession into that of the subeharterer, and the libelant knew it was to be used to carry ashes. The subeharterer sent the scow to the sugar company’s dock at the foot of South Second street, Brooklyn, where ashes were loaded on it from a chute.…