Frank Guy v. John Donald
| Citation | 51 L.Ed. 245,203 U.S. 399,27 S.Ct. 63 |
| Decision Date | 03 December 1906 |
| Docket Number | No. 90,90 |
| Parties | FRANK W. GUY, W. T. Stanworth, et al. v. JOHN A. DONALD |
| Court | U.S. Supreme Court |
Messrs. D. Tucker Brooke and R. C. Marshall for Guy et al.
[Argument of Counsel from pages 400-401 intentionally omitted] Mr. Robert M. Hughes for Donald.
[Argument of Counsel from pages 402-403 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:
This case comes before us on a certificate from the circuit court of appeals. It is a libel brought by the owners of a steamer against the members of the Virginia Pilot Association, and seeks to hold them all liable for the alleged negligence of Guy, one of their number. For the proceedings in the district court see 127 Fed. 228, 135 Fed. 429. The negligence occurred when Guy was acting as pilot of the steamer and led to a collision, for which the owners of steamer paid damages to the other vessel in order to end a suit. The questions certified are (1) whether the members of the association are partners on the facts set forth; (2) whether, if partners, they are liable to owners of piloted vessels for the negligence of each other; (3) whether, if not technically partners, they nevertheless are so liable.
The facts appear in the third article of the libel, which was excepted to, and in answers to interrogatories. They are as follows: The defendants are a voluntary, unincorporated association. By their agreement they take turns in boarding vessels required by law to take a pilot, and the fees, which otherwise would be paid to the pilot that boarded the vessel, are paid, except in cases of national vessels and disputed bills, to the association upon bills made out by it, and go into a common fund, from which the association pays the expenses of the business, including office rent. At the time of the accident the net profits were divided according to the number of days the several pilots were upon the active list. The constitution and by-laws of the association are exhibited and will be referred to. It is proper to add here a few words as to the Virginia law. By the Code of 1887 a board of commissioners is instituted to examine persons applying for branches as pilots; and the commissioners are given 'full authority to make such rules as they may think necessary for the proper government and regulation of pilots licensed by them.' § 1955. There are details as to the qualification and classification of pilots and their duties, including a requirement as to boats, of the pilot 'or the company to which he belongs.' § 1960. Acting as pilot without authority is punished. § 1963. Certain vessels are required to take the first pilot that offers his services or to pay full pilotage. § 1965. See § 1976. The amount of pilotage is fixed. § 1969. A personal liability is imposed for the amount, and it is to be noticed that it is a liability to the individual pilot employed. § 1978. The pilot's right to collect his account is fortified by a penalty. § 1979. The board of commissioners is authorized to decide any controversy between licensed pilots or between a pilot and the master, owner, or consignee of a vessel, and to enter judgment which, if for money, may be collected by a sheriff, etc. § 1980. But a judgment of suspension against a pilot is limited in general to between one and twelve months. § 1981. And the board cannot decide upon the liability of 'a pilot' to any party injured by his negligence. § 1982. Pilots demanding or receiving more or less than their lawful fees are subjected to a forfeiture. § 1985. And certain further duties are prescribed.
The rules of the board of commissioners provide for the appointment by them of a supervisory board from the pilot association, to report to the president of the board of commissioners all cases of insubordination, breach of rules, etc., or any misdemeanor, afloat or on shore, on the part of any member of the association. A pilot desiring to go off duty for five days or longer is required to apply to the board of commissioners. Suspensions, by whomsoever ordered, are to be reported within twenty-four hours to the president of the board, and are to be acted upon by the board. All pilots are required to look out for their turns, and each pilot is held responsible for whatever turn he may hold upon the list, officers being prohibited from having anything to do with the swapping of turns. It will be seen that the rules of the board, made under the authority of this statute, recognize the association, as does the Code, more vaguely, in § 1960, quoted above. The rules also recognize the substitution of turns for the free competition of which there are traces in the Code. The rules tacitly assume that every pilot is a member of the association. All punishment and suspension is in the hands of the board, except, as may be added here, that the by-laws of the association impose a fine of $10 for a first violation of the rules of the association, of $20 for a second offense, and provide that a third shall be reported to...
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...Div., at page 348), has been regarded as a general consideration. It is obviously not an adequate universal reason. Guy v. Donald, 203 U. S. 406,27 Sup. Ct. 63, 51 L. Ed. 245. (3) The master is sometimes regarded as the ‘causa causans' of the mischief. Grier, J., in Railway Co. v. Derby, 14......
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