Hugo Black

“ The question in this case, however, is whether the agreement of the ship being piloted to release the tug company from being 'liable for any damages resulting' from negligent pilotage not only relieves the tug company from liability for damage, but allows it affirmatively to collect damages for injury to its own tug due to negligent pilotage by one of its tug captains.
An agreement that one shall not be liable for negligence of a third person cannot easily be read as an agreement that one is entitled to collect damages for negligence of that third person. ”

“ The respondent, Dauntless Towing Line, contracted to use two of its tugs in assisting the United States, petitioner here, move its steamship Christopher Gale from Hoboken to a Brooklyn pier. The Gale was to move under its own propelling power under guidance of one of respondent's tugboat captains or some other licensed pilot. ”

“ And there is no reason to stretch contractual language to force payment of damages under circumstances like these. A person supplying his own employees for use by another in a common undertaking cannot usually collect damages because of negligent work by the employee supplied. ”