The Seefahrer
The Seefahrer
Opinion of the Court
In this case, Nickerson admitted his liability on account of injury done to the bark by his vessel, and undoubtedly all the parties understood that Nickerson undertook, as between him and the ship, to pay for repairing the bark. The captain on his part evidently intended that the repairs should be so thorough that the ship would be in as good condition as before she was injured. Therefore both Nickerson and the captain had occasion to talk about the repairs, and to be present at the time of the repairs, and give directions concerning the same. Nickerson was especially interested to see that it was done with economy, and the captain’s aim was that it should be done thoroughly. It is very readily understood that Nickerson might assume that he was contracting with the Ross Iron Works for the payment for the repairs, and that the captain may have assumed not only that Nickerson was making such contract, but also, that primarily he was to pay the same. But it is not to be inferred from this that the Ross Iron Works made the repairs on the credit of Nickerson. He was to it a total stranger. He was a man of relatively small responsibility, not known generally to the trade, and although perfectly well intentioned, and presumptively able to pay, it is difficult to believe, without full proof, that on his unknown credit the Ross Iron Works made repairs to the ship of another. Even if the captain of the vessel or his agents did not make an agreement to
Pursuant to these views, the libelant should have a decree for $33.20, subject to correction, also a reasonable sum for taking out the plate and replacing it. It appears that the libelant’s effort to straighten the plate without removing it was a failure, for which the ship is not liable. The libelant practically guarantied to do the work in place, and therefore the successful completion of the job was at the risk of the libelant.
Reference
- Full Case Name
- THE SEEFAHRER
- Status
- Published