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Business Organizations Keyed to Chasalow, 3rd Ed.
Ira S. Bushey & Sons, Inc. v. United States
Citation:
398 F.2d 167 (1968)Facts
The Coast Guard vessel Tamaroa was undergoing repairs in a floating drydock owned by Ira S. Bushey & Sons in Brooklyn’s Gowanus Canal. The contract between the parties allowed Coast Guard personnel to access the vessel at all times. Seaman Lane returned from shore leave after midnight on March 14, 1963, in a heavily intoxicated state. While walking along the drydock wall to reach the ship, Lane inexplicably turned three large wheels approximately twenty times each, opening valves that controlled the flooding of tanks on one side of the drydock. After boarding the ship, Lane mumbled to other seamen about having “turned some valves,” but no action was taken. Within minutes, water began flooding the drydock, causing the ship to list severely. Eventually, the vessel slid off its blocks and fell against the drydock wall, causing significant damage to both the drydock and the ship.
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