196 F. Supp. 951 | E.D. La. | 1961
The owners of the barge Caimac 106, hereinafter referred to as Barge 106, seek a recovery for the cost of services rendered by a marine surveyor and salvage company in refloating Barge 106, following an alleged negligent grounding while the barge was in the tow of the tug Jackie G, owned by Galmich Boat Works, and, at the time in question, under charter to Beaumont Cement Sales.
Barge 106 was approximately one-half loaded with 20,000 sacks of “drilling mud”, caustic soda, and one lift truck.
On December 17 the marine surveyor made arrangements with a general contractor, H. B. “Buster” Hughes, at Harvey, Louisiana, for a spud barge equipped with a dragline, then located at Venice, to be towed to the Bird Island area. No tug was available at Venice
For these services a total bill of $2,-965 was submitted; this amount including a fee and expenses of $500 for the marine surveyor. The parties have stipulated that the hourly rate charged for the spud barge, dragline and tug is reasonable, although respondents do not concede that the work was necessary and further do not agree that a charge should be made to bring the tug from Harvey to Venice, and return to Harvey.
Respondents argue that the salvage job could have been performed at an expense of $300 to $400. They submit the
Manifestly the respondents are liable for the negligent stranding of Barge 106. The only witness on this phase of the case was Captain Hiles and his testimony was very difficult to follow. Reduced to simplicity, certain facts emerge: (1) the tow line, bridle, fuel and crew for the tug Jackie G were furnished by Beaumont Cement Sales, the charterer of the tug and barge; (2) the tow line was one and one-half inches in diameter and, according to Hiles, was “a small line, insufficient for that kind of weather that we encountered”; (3) one portion of the tow line had been “burned” by caustic soda which had been stored in the same place where the tow line was located; (4) the storm encountered at 6 p. m. on December 12, 1954, was not an unusual or freak occurrence, and such storms are common in the Gulf of Mexico at all times of the year; (5) the crew aboard the Jackie G consisted of men used for the purpose of loading and unloading the cargo on the barge, and were inexperienced in handling the tug and tow during a storm; (6) the tug captain made no effort, before leaving port, to ascertain weather conditions and the possibility of storms in the area; (7) the tow line was lengthened to control the barge when the storm came up, and this brought the “burned” portion of the tow line into use with added strain being placed upon the line; and (8) the tow line parted.
While respondents initially contended that these faults and defects were the responsibility of the charterer, this argument was abandoned during the trial. It is, of course, fundamental that the faults of the charterer cannot be interposed as a defense in an action to recover for the cost of salvaging the barge. That the defective or inadequate tow line was the cause of the grounding cannot be doubted.
We need not consider libellant’s contention - that there exists a presumption of negligence arising from an “unexplained grounding”
Finding that the salvage work performed was necessary, we turn to the hourly charges made for the trips between Harvey and Venice. The only testimony on this inquiry comes from Greenhalgh, the marine surveyor, who stated that it was the custom of the trade to return the tug and dragline to Harvey, even though the dragline had been picked up at Venice. Accepting this statement,
Concluding that the libellants are entitled to recover the sum of $2965, plus legal interest from the date of judicial demand, together with taxable court costs, proctors for libellants will prepare and present, after endorsement by proctors for respondents, an appropriate decree.
. The evidence is not clear as to whether a tug, other than one owned or controlled by Hughes, was available at Venice. This case was not heard until nearly five and one-half years after the services were performed. Understandably, the memories of some of the witnesses were not particularly good.
. Greenhalgh has no recollection of this offer. He points out that, if made, the offer ■would have been accepted as Greenhalgh’s client could not lose on a “no cure — no pay” basis. We do not accept the statement that Greenhalgh knew of this offer, but believe that it was imparted to Captain Hiles.
. Sanders v. Meyerstein, D.C.E.D.N.C., 124 F.Supp. 77; The Anaconda, 4 Cir., 164 F.2d 224.