ADMIRALTY-RECOVERY FOR NEGLIGENT INVASION OF CONTRACTURAL INTEREST IN USE OF SHIP

A fishing vessel just beginning a voyage was negligently struck by another ship and laid up for a period of time for repairs. The crew were to have been compensated on the so-called lay plan, 32% of the gross catch going to the jointly-owned vessel and gear, and 68% being split equally among the crew of ten, which included one of the joint owners. On a libel filed originally by seven of the crew members, but later joined by both owners and the remaining two of the crew, the trial court allowed recovery of the cost of repairs to the vessel and the full value of the lost catch, this last being apportioned as per the gross catch split outlined above, the crew sharing only as the real parties in interest. On appeal, held, the trial judgment reversed as to the nine non-owner crew members but affirmed as to the owners\u27 recovery of cost of repairs, 32% of the lost catch, and one tenth of the 68% of the lost catch apportioned to the crew for the one working owner. The nine crew members failed because their loss arose solely out of their contract with the owners,\u27\u27 and thus was governed by the rule in Robins Dry Dock and Repair Co. v. Flint denying recovery for negligent interference with a contractual interest. Borcich v. Ancich, (9th Cir. 1951) 191 F. (2d) 392