198 F. Supp. 515 | E.D. La. | 1961
This collision between the tows of the M/V Birney R
Following the custom of vessels navigating upriver from the Industrial Canal, the Birney R angled across the river and proceeded up, holding the west bank approximately 150 feet off. In this posture, the flotilla came under Algiers Point, where it encountered fog. After stopping along the west bank for a few minutes waiting for the fog to lift, the Birney R proceeded out into the river, again holding the west bank instead of proceeding over to the east side to shape her course for Gouldsboro Bend, the point of which would be coming up on her starboard hand.
While the Birney R was locking her tow through the Industrial Canal on the morning of March 7, 1958, the Katherine H, pushing the barge NBC-500,
The crew of each flotilla was composed of a captain and two deck hands. Yet, although the flotillas were navigating in fog, neither captain took the precaution of having a lookout on the bow to see and hear what could not have been seen from the pilothouse because of the fog nor heard there because of engine noise. Neither vessel admits hearing anything but her own signals. The Katherine H' admits being in collision without being able to see what her tow struck, while the Birney R saw the tow of the Katherine H too late to avoid collision. It appears that the two deck hands of the Birney R at the time of the collision were busy washing down the deckhouse, while one deck hand of the Katherine H was in the pilothouse and the other was unaccounted for.
Whatever quibbles there may be as to when a lookout should be placed on the head of a tow,
Both vessels were at fault also for navigating the west bank of the river. As stated, the Birney R, having come up under Algiers Point, if the weather permitted, as she indicates it did, should have shaped her course for the point at Gouldsboro-Bend, coming up on the east side. Likewise, weather permitting, the downbound Katherine H should have been shaping her course also for the east side, for the bend at Algiers Point.
Both to blame.
. The M/V Birney B is a steel-hulled tug with a flat bow. She is 49.6 feet in length, 14.6 feet in breath, and draws about 4 feet. She is powered by a 200-horsepower diesel engine and is pilothouse controlled.
. The tug Katherine H is a steel-hulled tug with a model bow. She is 50.8 feet in length, 13.2 feet in breadth, and draws about 3 feet. She is powered by a 135-liorsepower diesel engine and is pilothouse controlled.
. The judicially recognized custom requires vessels upbound in the Mississippi River to come up under the points and down-bound vessels to run the bends. The Norne, 5 Cir., 59 F.2d 145, 1932 A.M.C. 1598; Crowell & Thurlow S.S. Co. v. Texas Co. (The Stephen R. Jones), 5 Cir., 27 F.2d 208, 1928 A.M.C. 1387; Koch-Ellis Marine Contractors, Inc. v. Capetan Dimitris, D.C.E.D.La., 176 F.Supp. 645, 1959 A.M.C. 2288.
. The current in the river at the time was estimated at 1% MPH. Both vessels were proceeding very slowly and both say they reversed engines about collision time.
. The barge NBC-500 is a steel-hulled tank barge, 110 feet in length, 28 feet in breadth, and 7 feet in depth. On March 7, 1958, she was partially loaded with petroleum products and drawing about 4 feet.
. One long and two short blasts for vessel pushing tow. 33 U.S.C.A. § 191(e), 33 C.F.R. § 80.12(b).
. Compare Parker Bros. & Co. v. DoFor-est, 5 Cir., 221 F.2d 377; Smith v. Bacon, 5 Cir., 194 F.2d 203; G. B. Zigler Co. v. Barker Barge Line, 5 Cir., 167 F.2d 676.
. See Griffin on Collision, § 104 and eases there cited.
. See Note 3.