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Business Associations Keyed to Bainbridge
Ira S. Bushey & Sons, Inc. v. United States
Citation:389 F.2d 167 (2d Cir.1968)
The Tamaroa vessel had gone into drydock on February 28, 1963; her keel rested on blocks permitting her drive shaft to be removed and repairs to be made to her hull. Seaman Lane returned from shore leave a little after midnight on March 14. He had been drinking heavily. He took it into his head, while progressing along the gangway wall, to turn each of three large wheels some twenty times. Lane mumbled to an off-duty seaman that he had turned some valves. Ten minutes later the vessel and dock were listing over 20 degrees; in another ten minutes the ship slid off the blocks and fell against the drydock wall. While Lane’s return to the Tamaroa was to serve his employer, no one has suggested how he could have thought turning the wheels to be even if he was unaware of the consequences.
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