Grays Harbor County v. Motorship Brimanger

(dissenting) — I dissent. The question of responsibility for the damages occasioned in the towing of a ship, as between the vessel towing and the one towed, is often one of difficulty. Not necessarily because of conflict in the law on the subject, but rather a misunderstanding of, or failure to observe, the controlling facts as distinguished from conclusions of fact in each individual case.

In Hughes on Admiralty (2d Ed.), 125, the author says:

‘ ‘ The relation between tug and tow, under the American decisions, under ordinary circumstances, is that of independent contractor, not that of…