This section contains the nature of the case and procedural background.

P's dock was struck by D's barge, driven by its tug, in the early morning hours of July 4, 1979. At some point prior to the accident a socket, making the starboard wire rope that secured the tug and barge, failed. The socket was manufactured by American Hoist (D). P sued D and American Hoist (D). The latter two cross-claimed against each other. The judge awarded P its damages against D, absolved American Hoist (D) of liability, and awarded American Hoist (D) its expenses from P. D appealed.

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