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ROBINS DRY DOCK & REPAIR CO. V. FLINT, 275 U. S. 303 (1927)

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U.S. Supreme Court

Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (1927)

Robins Dry Dock & Repair Company v. Flint

No. 102

Argued December 1, 1927

Decided December 12, 1927

275 U.S. 303

Syllabus

The owners of a vessel, remaining in their possession while time-chartered to the plaintiffs, docked her with the defendant under a provision of the charter for docking every six months and suspension of payment of hire by the plaintiffs until she was again ready for service. Defendant injured the vessel by negligence, causing delay, repaired her, settled with the owners, and received a release of all their claims. Defendant had no notice of the charter until chanroblesvirtualawlibrary

Page 275 U. S. 304

the delay had begun.

Held, that plaintiffs had no cause of action against the defendant for the loss of use of the vessel caused by the negligence, since

(1) The docking contract between the owner and defendant was not for the plaintiffs' direct benefit. P. 275 U. S. 307.

(2) No right of recovery could be based upon the ground that plaintiffs had a property interest in or right in rem against the ship. P. 275 U. S. 308.

(3) A tort to the person or property of one man does not make the tortfeasor liable to another merely because the injured person was under a contract with that other, unknown to the doer of the wrong. P. 275 U. S. 309.

(4) Plaintiffs, having no claim against the defendant in contract or in tort, could gain no standing on the theory that the owners, in addition to their own damages, might have recovered those of the plaintiffs, on the analogy of bailees, who, if allowed to recover full value, are chargeable over. P. 275 U. S. 310.

13 F.2d 3 reversed.

Certiorari, 273 U.S. 679, to a decree of the circuit court of appeals affirming a recovery of damages in the district court in a suit in admiralty brought by the respondents against the petitioner. chanroblesvirtualawlibrary

Page 275 U. S. 307





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