North Pacific Steamship Company v. Hall Brothers Marine Railway & Shipbuilding Company

249 U.S. 119 (1919)

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Nature of the Case

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Facts

D was the owner of the American steamer Yucatan, which then lay moored or tied up at dock upon the waters of Puget Sound at Seattle. It was in need of extensive repairs. She had been wrecked, and had remained submerged for a long time; ice floes had torn away the upper decks, and some of her bottom plates also needed to be replaced. She was under charter for an Alaskan voyage, to be commenced as soon as the repairs could be completed. P was the owner of a shipyard, marine railway, machine shops, and other equipment for building and repairing ships, situated upon and adjacent to the navigable waters of Puget Sound at Winslow. It was agreed that P would tow the vessel from where she lay to the shipyard, haul her out as required upon the marine railway to a position on dry land adjacent to the machine shop -- the place being known as the 'dry dock,' and the hauling out being described as 'docking' -- and repair her and make her seaworthy again. It was understood that the Yucatan should be hauled out as soon as the Archer came off, should remain upon the dry dock only during such part of the work as required her to be in that position, and at other times should lie in the water alongside the plant. P was to receive stated prices, thus: for the labor of all classes, the actual rate of wages paid to the men plus 15 percent; for use of tug and scow, a stated sum per hour; for hauling out the vessel and the use of the marine railway, a stated sum for the first 24 hours, and a specified rate per day for 6 'lay days' immediately following the hauling out; for each working day thereafter, another rate; for vessel lying alongside the dock for repairs, no charge; for the running of air compressors, a certain charge per hour; for the use and operation of other machines, certain rates specified; and for materials supplied, invoice prices and cost of freight to plant, with 10 percent. additional. The repairs were begun with The Yucatan being hauled in and out of the dry dock. P filed its libel in personam against D to recover a balance claimed to be due for certain work and labor done, services rendered, and materials furnished in and about the repairing of the steamship Yucatan. D filed an answer denying material averments of the libel, and a cross-libel setting up a claim for damages for delay in the making of the repairs. The question is whether a claim thus grounded is the subject of admiralty jurisdiction. The lower court ruled for P and D appealed.