Quinn v. Southgate Nelson Corporation
| Citation | 121 F.2d 190 |
| Decision Date | 30 June 1941 |
| Docket Number | No. 353.,353. |
| Parties | QUINN v. SOUTHGATE NELSON CORPORATION. |
| Court | U.S. Court of Appeals — Second Circuit |
Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal, of New York City, of counsel), for appellant.
Gazan & Caldwell, of New York City (Simone N. Gazan, of New York City, of counsel), for appellee.
Before SWAN, CLARK, and FRANK, Circuit Judges.
On the morning of January 10, 1939, the S. S. Waukegan — owned by the United States Maritime Commission and operated under a contract with the Commission, by the appellant as "Managing Agent" — was proceeding up the Delaware and Chesapeake Canal at St. Georges, Delaware, and while attempting to pass through the center span of the St. Georges Bridge, which was fully opened to permit the vessel passage, crashed into the bridge, causing the death of appellee's intestate, who was on the bridge performing his duties as bridge tender. Appellee recovered damages in the amount of $20,000 for the wrongful death of appellee's intestate, and appellant appeals from this judgment.
At the trial it was shown that the accident occurred on a clear day, with normal tide and current, and light wind. Finding no other satisfactory explanation for the accident, the trial judge applied the doctrine of res ipsa loquitur, and held that appellant was at fault. He concluded that the probable cause of the accident was the ship's inability, because of improper trim caused by poor loading, to respond to her rudder, but held that, in any case, appellant was liable. Appellant objects to the finding of negligence and to the court's holding that, as managing agent, it was responsible for the acts of the master, officers, and crew of the Waukegan.
Under the contract, appellant was to "manage, operate and conduct the business of the line" and "to man, equip, victual, supply and operate the vessels, subject to such restrictions and in such manner as the owner may prescribe". The Maritime Commission retained a power of veto over the agent's selection of licensed officers. In return for these services, the managing agent received from the Maritime Commission all its operating costs and its overhead expenses, but received no share of the profits and did not bear any part of the losses. Appellant argues that by this contract it operated the vessel for the account of the Maritime Commission, and that, in its capacity as managing agent, it is not liable for the conduct of the ship's personnel.
The District Court was amply justified in finding negligence in the operation of the Waukegan. The only question deserving discussion is whether the negligence is attributable to appellant, the managing agent of the vessel. Appellant contends that the...
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...... of vessels owned by the United States or a governmental corporation 'or operated by or for the United States or such corporation'; and by § ...at page 426, 87 L.Ed. 471. The same was true in Quinn v. Southgate Nelson Corporation, 2 Cir., 121 F.2d 190, 191. But the ......
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...as they may be affected by § 1. The liability of an agent for his own negligence has long been embedded in the law. Quinn v. Southgate Nelson Corp., 2 Cir., 121 F.2d 190, is a recent application of that principle to a situation very close to the present one. But the principle is an ancient ......
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