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Admiralty Law Keyed to Maraist
Bisso v. Inland Waterways Corp.
Citation:
349 U.S. 85, 1955 A.M.C. 899 (1955)Facts
Petitioner’s oil barge “Bisso” was being towed up the Mississippi River by the respondent’s steam towboat “Cairo” when it collided with a bridge pier and sank. At the time of the accident, the barge had no motive power, steering apparatus, officers, or crew; its movements were completely controlled by the “Cairo.” The collision was caused by negligent towage by those operating the “Cairo.” The towage contract contained two clauses that respondent relied upon to avoid liability: one providing that the towing movement should be at the “sole risk” of the barge, and a second providing that masters, crews, and employees of the towboat “Cairo” should “in the performance of said service, become and be the servants” of the barge “Bisso.” The Court of Appeals construed both clauses as relieving respondent from liability for its negligence and held both valid.
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