New York Dock Co. v. New York & Porto Rico Steamship Co.

Headnote

Negligence — master and servant — wharves and piers — ships and shipping — injury to pier from impact of steamship being docked •—■ liability of owner of tugboat, through the negligence of the captain of which the accident occurred.

- New York Dock Co. v. N. Y. & P. R. S. S. Co., 211 App. Div. _ 870, affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial

department, entered January 9, 1925, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. The New York Dock Company sued the defendants for an injury to its wharf caused by the impact of the steamship Carolina while being docked with the assistance of two tugboats. Defendant, appellant, Howland Towing and Transportation Company, Inc., was the owner of one tugboat. The owners of the other tugboat and the owner of the steamship were joined as parties defendant. The referee found that the injury complained of was due entirely to negligence in the navigation of appellant’s tug Howland. Appellant contended that the captain of the Howland was not acting as the servant of her owner at the time of the damage in question, but was specially employed on behalf of the party in whose work he was engaged.