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SUN OIL CO. V. DALZELL TOWING CO., INC., 287 U. S. 291 (1932)

U.S. Supreme Court

Sun Oil Co. v. Dalzell Towing Co., Inc., 287 U.S. 291 (1932)

Sun Oil Co. v. Dalzell Towing Co., Inc.

No. 38

Argued November 16, 1932

Decided December 5, 1932

287 U.S. 291


1. A towage company, in performing a contract to assist a vessel propelled by her own power and manned by her officers and crew, is neither common carrier nor bailee, and is not subject to the rule that prevents common carriers, and others under like duty to serve the public, from escaping by agreement liability for damage caused by their negligence. P. 287 U. S. 294.

Page 287 U. S. 292

2. In a contract merely to furnish tugs to assist a vessel while using her own propelling power, it may validly be stipulated that the tug captains, when they board the vessel, shall become the servants of her owners, so that, for damage resulting from their orders in piloting the vessel, the owners of the tugs shall not be liable. P. 287 U. S. 294.

55 F.2d 63 affirmed.

Certiorari, 286 U.S. 538, to review a decree affirming a decree dismissing a libel in a suit in admiralty. For opinion of the District Court, see 48 F.2d 598.

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