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H-10 WATER TAXI COMPANY v. UNITED STATES

No. 65-1379.

252 F.Supp. 592 (1966)

H-10 WATER TAXI COMPANY, Ltd., a corporation, Libelant, v. UNITED STATES of America, Respondent.

United States District Court S. D. California, Central Division.

March 29, 1966.

Attorney(s) appearing for the Case

Allan F. Bullard, San Pedro, Cal., for libelant.

Manuel L. Real, U. S. Atty. for Southern District of California, by Clarke A. Knicely, Asst. U. S. Atty., and by John F. Meadows, Attorney in Charge, West Coast Office, Admiralty and Shipping Section, and Gerald A. Falbo, Attorney, Admiralty and Shipping Section, Department of Justice, Los Angeles, Cal., for respondent.

THURMOND CLARKE, District Judge.

This action presents a single question of law: In absence of a contract between the particular parties, may a shipowner recover from a negligent third party the sums paid for maintenance and cure of an injured seaman?

There is no dispute as to the facts. The United States had entered into a contract with Craig Shipbuilding Company for ship repair. That company engaged libelant to haul garbage from one of the U. S. vessels,...

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