Two ships (the S.S. Bushire and the S.S. Bernina) collided. Those in charge of both ships were each negligent. Mills' (P) decedents worked on the Bushire. P sued Armstrong (The Bernina) (D), claiming that D was negligent. D claimed that the equal negligence of the Bushire's navigators was imputed to P by the very fact of their being aboard that ship. The trial court held P contributorily negligent. The court of appeals reversed the judgment. D appealed.

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