Stevens v. The White City
United States Supreme Court
285 U.S. 195, 52 S.Ct. 347, 76 L.Ed. 699, 1932 AMC 468 (1932)
- Written by Carolyn Strutton, JD
Facts
Stevens (plaintiff) was the assignee of the owner of a new motor yacht, the Drifter. The Drifter needed to be towed from the shipbuilder’s yard in New York City to New Jersey, where it was to be placed on an ocean liner for delivery. A tugboat, the White City (defendant), was hired to tow the Drifter. The Drifter was in perfect condition when the towage began, but there was a round dent in the vessel’s hull planking when it was delivered. It appeared that the dent might have been caused by something hitting the side of the Drifter, such as a piece of driftwood, while it was under tow, but there was no evidence to prove what had caused the damage. Stevens sued the White City in federal district court in admiralty for the damage. Stevens alleged that the White City was a bailee for hire and that proving that the tug had received the Drifter in good condition but delivered it damaged established prima facie evidence of the White City’s negligence. The district court held for Stevens. The White City appealed. The circuit court of appeals reversed the decision, holding that the towage contract did make the White City a bailee of the Drifter and that the damage did not create a presumption of negligence. Stevens appealed.
Rule of Law
Issue
Holding and Reasoning (Butler, J.)
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