William O. Douglas

“ The reasons stated by Judge Coxe seem, therefore, as germane to the contract carrier as to the common carrier.
It may be that the rule of The Steamer Syracuse is outmoded and should be changed. It may be that the tugboat industry is less able to carry the risks of those losses than its customers. It may be fairer in the long run to let the tugboat operator free himself from his own negligence and transfer the liability to the shippers who employ his services. ”

“ In both cases the design is to prevent those who have the absolute control of another's property from extorting an agreement that they may neglect all reasonable precautions to preserve it.'
If the tug is only a contract carrier, it is not liable for injury to the tow in the absence of negligence. ”

“ Common carriers may not 'by any form of agreement secure exemption from liability for loss or damage caused by their own negligence.' Sun Oil Co. v. Dalzell Towing Co., supra, 287 U.S. 294, 53 S.Ct. 136. See New York Cent. R. Co. v. Lockwood, 17 Wall. 357, 21 L.Ed. 927; Liverpool & Great Western Steam Co. v. Phenix Ins. Co., 129 U.S. 397, 9 S.Ct. 469, 32 L.Ed. 788. The reasons are as germane to a tugboat that is a contract carrier as they are to a tugboat that is a common carrier. ”