Harold Hitz Burton

“ A like result occurs where a shipowner sues, for breach of warranty, a supplier of defective ship's gear that has caused injury or death to a longshoreman using it in the course of his employment on shipboard. And a like liability for breach of contract accrues to a shipowner against a stevedoring contractor in any instance when the latter's improper stowage of cargo causes an injury on shipboard to some one other than one of its employees. The coincidence that the loading contractor here happens to be the employer of the injured longshoreman makes no difference in principle. ”

“ That question has been widely discussed elsewhere in terms of the relative responsibility of the parties for the tort, and those discussions have dealt with concepts of primary and secondary or active and passive tortious conduct. ”

“ Weinstock, The Employer's Duty to Indemnify Shipowners for Damages Recovered by Harbor Workers, supra.↑ See Union Stock Yards Co. of Omaha v. Chicago, B. & Q.R. Co., 196 U.S. 217, 25 S.Ct. 226, 49 L.Ed. 453; Brown v. American-Hawaiian S.S.C.o., supra; Crawford v. Pope & Talbot, supra, 206 F.2d at pages 792-793; American Mutual Liability Ins. Co. v. Matthews, supra, 182 F.2d at pages 323-325; Rich v. United States, supra; Bethlehem Shipbuilding Corp. v. ”