1923 A. M. C. FOLEY & MARTIN, for Libellant. HARRINGTON, BIGHAM & ENGLAR (Mr. MATTESON, Advocate), for Director General. MACKLIN, BROWN, PURDY & VAN WYCK (Mr. LENAHAN, Advocate), for Claimant. TUGS ATHENS-BULLEY-SOCONY, No. 4 MESICK & MESICK, INC., OWNER OF THE BARGE vs. STEAMTUG BULLEY AND DIRECTOR GENERAL OF RAILROADS. STANDARD TRANSPORTATION CO., Impleaded. United States District Court, Southern District of New York, May 9, 1923. Before: KNOX, D. J. COLLISION-TUGS AND BARGES EAST RIVER-FAILURE TO EXCHANGE WHISTLE SIGNALS. The Athens, with floats lashed on either side, endeavored to cross the East River from Newtown Creek to 43rd Street, Manhattan, across the bows of two descending tows, one of which was about to overtake the other. The Athens, by whistle signals, reached an understanding with the first of these tows, but not with the second. When she was successfully across the bows of the first tug, whose tow was angling with the tide, she found the second coming down, and was without sufficient room to escape from the pocket which the two tows were making. Held: 1. The rights of the second tow were not curtailed by the whistles exchanged between the Athens and the first tow. Steamtug Hazleton (1921), 273 Fed. 815. 2. "By failing to communicate with the Socony No. 4, and relying solely upon the agreement made with the Bulley, the Athens, upon the assumption that the Socony No. 4 would slow down, ran into a pocket from which she was unable to extricate herself. For what occurred, I think she has none but herself to blame." 3. The fact that the Socony No. 4 held her speed did not contribute to the accident. MACKLIN, BROWN, PURDY & VAN WYCK (Mr. LENAHAN, Advocate), Mesick & Mesick. for PARK & MATTISON (Mr. LYNCH, Advocate), for the Bulley. General. COURTLAND V. PALMER, for Standard Transportation Co. THE SILVER STATE-THE ELIZABETH RUTH. 08. UNITED STATES, ETC., Respondent. AND CROSS LIBEL. United States District Court, District of Massachusetts, April 18, 1923. Before: PETERS, D. J. COLLISION-PASSENGER LINER AND SCHOONER-NIGHT-FLORIDA Passenger steamer proceeding through Florida Straits on clear night at 15 knots, observed a schooner's white light, altered course, then steadied, and when nearly on the schooner, went astern, but resumed headway, whereupon collision ensued. The principal conflict of testimony was on the question of the schooner's running lights. Found, that schooner's proper lights were burning, and steamer held solely at fault for failure to keep clear of schooner. BIGHAM, ENGLAR & JONES, for Libellant. BLODGETT, JONES, BURNHAM & BINGHAM, for Respondent. THE YOSEMITE. ROBINSON LUMBER COMPANY, vs. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION. United States District Court, Eastern District of Louisiana, New Orleans Division, April 28, 1923. Before: FOSTER, D. J. CARGO DAMAGE-LIMITATION OF ACTION. Lumber was shipped in July, 1919, from New Orleans to Liverpool, and, at destination, there was some damage and a shortage. A libel was filed on June 7, 1921. The respondent pleaded that the action was barred by Section 5 of the Act of Congress of March 9, 1920, for the reason that the cause of action arose prior to the passage of the act and over a year had elapsed after the passage of the act before the libel was brought. The court maintained the exception and dismissed the libel. MILLER, MILLER & FLETCHINGER, for Libellant. TERRIBERRY, RICE & YOUNG (GEORGE H. TERRIBERRY), for Exceptant. THE WILLDOMINO. 1923 A. M. C. CITRO CHEMICAL CO. OF AMERICA, Libellant, OS. STEAMSHIP WILLDOMINO, ETC. United States District Court, District of New Jersey, April 25, 1923. Before: LYNCH, D. J. CARGO DAMAGE STRANDING WHILE CALLING FOR BUNKERS-DUTY TOWARDS DAMAGED CARGO DEVIATION SPECIAL CARGO CITRATE OF LIME. The Willdomino, a steel turbine steamer under British registry, left Marseilles in June 1920, took on citrate of lime at Messina in No. 1 lower hold, and sailed for New York via Gibraltar and Lisbon. At Lisbon three engineers fell ill and through the British consul three licensed Portuguese engineers were taken on, no others being obtainable. After leaving Lisbon engine trouble developed; temporary repairs were made at sea; the vessel put into Ponta Delgada where further repairs were made; and then proceeded on her low pressure turbine only. Since this required an excessive amount of coal, she made for Sydney, Nova Scotia, being at the time on the Great Circle track. Taking on enough coal at Sydney to proceed to Halifax where her owners had ordered her to coal, she left Sydney and in a thick fog stranded, but floated off. A large hole was torn in her bow plates and No. 1 hold filled with water to a depth of 20 feet. After surveys at Halifax, where there were no adequate repairing facilities, she proceeded to New York unrepaired, discharged what cargo she could, and then was repaired in dry dock, the operation being completed in about a month and involving three separate periods in dry dock. The citrate of lime was then discharged and tendered to the consignees who refused it. The B/L was in ordinary form with the usual exceptions. Consignees sued alleging twenty-seven separate grounds of negligence. The Court after an elaborate review of the facts held: 1. Employment in Lisbon of three properly certificated Portuguese engineers, not accustomed to turbines of type in vessel, to replace three British engineers who fell ill there, not negligence. 2. In view of American coal situation and restrictions in 1920, it was reasonable for English shipowner to arrange for bunkers at Sydney and Halifax, N. S. 3. Putting into Sydney, N. S., for bunkers, while on great circle track from Azores to New York, was reasonable and not a deviation. 4. Stranding at night in fog on Nova Scotia shore while proceeding from Sydney to Halifax for further bunkers, was ordinary marine peril, and not imputable to ship-owner's privity. 5. Ship-owner is not liable for the action of the Master, using his discretion after a stranding, on advice of properly authorized surveyors, in proceeding to destination for repairs, under usual general safeguards, although certain damaged cargo, of whose special properties neither the owner nor Master was aware, was further damaged thereby. 6. Ship-owner is not liable for error in method of handling certain cargo (citrate of lime) of whose special properties he had no knowledge or notice. 7. In an action for cargo damage based on negligence, burden of proof is on libellant. BIGHAM, ENGLAR & JONES (JAMES D. CARPENTER, of Counsel), for Libellant. HUNT, HILL & BETTS, for Claimant, Convoy S. S. Co., Ltd. BERNARD F. GUINAN, ET AL., Libellant, vs. THE BOSTON, CAPE COD & NEW YORK CANAL CO., AND NEW ENGLAND FUEL & TRANSPORTATION COMPANY, Respondent. United States District Court, Southern District of New York, May 9, 1923. Before: AUGUSTUS N. HAND, D. J. CANALS UNKNOWN SOLID OBSTRUCTION IN CHANNEL-LIABILITY OF CANAL COMPANY. A Canal Company, in whose canal a vessel strikes an unknown object of such solidarity as to break out 30 bottom planks, must bear the burden of showing some adequate explanation of the accident or become liable for the damage. LEO J. CURREN, Proctor for Libellant. SHATTUCK, GLENN & GANTER (WILLIAM B. WALSH and DEWITT C. JONES, Advocates), Proctors for Respondent, Boston, Cape Cod & New York Canal Co. BLODGETT, JONES, BURNHAM & BINGHAM (Mr. GOULD, Advocate), Proctors for Respondent, New England Fuel & Transportation Company. THE ORION. E. TOLIBIA & CO., INC., ET AL., vs. S. S. ORION. United States Circuit Court of Appeals, Second Circuit, May 7, 1923. Before: ROGERS, MANTON & MAYER, Ct. JJ. Opinion by MANTON, Ct. J. CARGO DAMAGE OLIVES IN NEW CASKS-SULPHUR OIL IN OLD CASKS. 1. Olives in new 600 lb. chestnut casks were stowed three tiers high, bilge and bilge in the bottom of steamer's hold. A flooring was laid on top of the casks and then 48-gallon barrels of olives were laid on top. Above the small barrels were cork and licorice root. The voyage was uneventful, but on discharge it was found that many of the casks, particularly in the lower tiers, were crushed. Held: the weight placed 1923 A. M. C. on the lower casks was excessive and the steamer was liable for bad stowage. 2. Sulphur oil in old barrels was stowed seven tiers high in the bottom of hold. Leakage began before the steamer sailed. Held: that the barrels were old, of insufficient strength, and the steamer was not liable. BIGHAM, ENGLAR & JONES (OSCAR R. HOUSTON and WILLIAM H. WOOLEY, Advocates), for Libellants. HUNT, HILL & BETTS (JOHN W. CRANDALL, Advocate), for Claimant. HENRIK-OSTERVOOLZE DOCKING COMPANY, ETC., AND BRADY & GIOE, INC., Respondents. United States District Court, Southern District of New York, April 9, 1923. Before: A. N. HAND, D. J. PERSONAL INJURY-STEVEDORE-LATENT DEFECT. Libellant's intestate was killed by the falling of a derrick boom while he was working for Brady & Gioe, the stevedoring company which was discharging a vessel belonging to Henrik-Ostervoolze Docking Co. The ring which fastened the boom to the band on the mast gave way, because of imperfect welding. The ring was put in place when the ship was new, two years before the accident. Held: 1. There was not sufficient evidence to show that the stevedores placed any improper strain on the ring; and in the absence of proof that the crack which preceded the break could have been seen from the deck, the stevedores are not liable. 2. The broken surface was bright only in part; the center was rusty and so was one side. Upon consideration of all the testimony, including experts, it was held, that there must have been a pre-existing crack which proper examination would have discovered, and vessel was liable. 3. Damages. Decedent was 32, left a widow and four children, was earning 70 cents an hour on the job on which he met his death, and his weekly earnings had run from $30. to $80. The American Experience Tables show a life expectancy of 33 1/10 years. Decree for $20,000. JOSEPH A. CORBETT (FRANK HERWIG, Advocate), for Libellant. BURLINGHAM, VEEDER, MASTEN & FEAREY, for Docking Co. WILLIAM L. O'BRIEN, for Brady & Gioe, Inc. |