257 F. 438 | E.D. Va. | 1919
This case involves a collision between the steamship Jason and the steamship Hésperos, that occurred about 9:30 on the evening of June 12, 1918, in the harbor of Newport News, slightly westerly of the Warwick Machine Company pier.
The original libel was filed by the Jason Navigation Steamship Company against the Hésperos, and was twice amended, and Alexander Sprunt & Son and the American Smelting & Refining Company, and the Underwriters, the owners and insurers of the cargo filed their petitions asserting large claims against the Hésperos for loss and damage to the cargo sustained in the collision. Subsequently the steam, tug Hamilton libeled the Jason to recover for salvage services rendered in connection with salving her after the collision, and by consent the testimony was taken and the combined causes heard together.
Many of the incidents usually in dispute in a collision of this sort, such as the location of the ships, the time of anchorage, the vessel charged with the burden of providing proper berth space, and the prevalence and intensity of the storm, are not seriously controverted here. The case turns almost entirely upon the correct determination of the fact of which of the two vessels, if either, actually dragged anchor, whether both vessels were properly anchored, and whether the accident was inevitable or not.
The Jason insists not only that the Hésperos dragged her anchor from time to time, hetween 3 and 6:30 o’clock on the evening in question, as well as at the time of the accident, but that she was in fault, in that she failed to have out her port as well as her starboard anchor in time to avert the collision, and especially that she was negligent in the manner of paying out her anchor chains during the evening preceding the collision; whereas, the Hésperos says that her anchor did not drag, that she had out ample chain, that the same was paid out in a seamanlike manner, that the anchor of the Jason, and not that of the Hésperos, dragged, and that the accident, so far as the Hésperos was concerned, was inevitable.
The correct solution of these issues will be conclusive of this case, assuming the accident not to have been inevitable, as claimed by the Hésperos.
I. Consideration will be first given to the anchorage and movements of the Hésperos before and at the time of the collision. On the evening of the occurrence, the master of the Hésperos and her first officer were both ashore, having been away since the preceding day. They returned to the ship about 6:30 that evening. On their return they admit seeing the Hésperos within a ship’s length of the Jason, and, as they claim, in the same position in which she had been from the time of her original anchorage. They did not personally know of -the dragging of the anchor, as it occurred, if at all, during their absence; but they stoutly maintain that there had been no change in the position of the ship since she first came to anchor. The Hésperos at 3 o’clock had her starboard anchor on 30 fathoms of chaii -, and
The libelant insists that the Hésperos should have had out both anchors; that one anchor was not sufficient to protect a ship of her size, light, in the winds liable to occur at that season of the year in the harbor of Newport News, and moreover say that the paying out of the anchor chain, especially that of the port anchor, admittedly was done so unscientifically as .to afford no additional and sufficient protection to hold the ship, and that before the anchor was dropped the ship should have been eased up, and the anchor chain let out gradually, instead of running the same out all at once, causing it to coil on ihe bottom; that the method pursued tended to break the hold of the original .anchorage, and, instead of holding the ship, to bring her up with a jerk, and also to foul her port anchor.
The Hésperos, during the time she is alleged to have dragged her anchor, between 3 and 6:30 o’clock, was in charge of her second and third officers; the second officer being a young man, 26 years of age, without a mate’s license..
The testimony strongly tends to support the view that the anchor chain of the Hésperos was improperly paid out. The libelant’s testimony in this respect is controverted, but the weight of the evidence preponderates in favor of the libelant. It comes from navigators of large experience and of a high order of' intelligence, including Capt. John G. Quimby, a prominent naval officer, who testified as follows:
“Q. Captain, assuming that the steamer Hésperos was lying in the James river*, abreast of, and about off and about a quarter of a mile offshore from, ihe Warwick Machine Company pier, á little above the pier, on June 12, 1918, in about 20 feet of water; she was light, drawing 12.6 forward, 14 feet aft; at that time she was anchored in 20 feet of water; about 4 o’clock in the afternoon of that day those in charge of the Hésperos paid out 13 fathoms additional chain; the wind at the time was blowing somewhere between 31 and 32 miles an hour, and the tide ebbing: that chain was paid out in such a manner, she being anchored on the starboard anchor, that the vessel fell back, and came up with a jerk: Will you state whether-or not in your opinion that was the proper and seamanlike manner to pay out chain. A. It was not; danger of parting the chain and breaking the anchor out of the mud; it is not the proper way to do it. * * *
“Q. Assuming that after that 13 fathoms had been dropped in the water on the port anchor, as I haye described, later on during the squall, which occurred about 9:30 p. m., those in charge of the Hésperos paid out 40 additional fathoms on the starboard anchor, and simultaneously 47 additional fathoms on the port anchor, giving the starboard anchor a total of 85 fathoms, and the port anchor a total of 60 fathoms: Was there any time that port anchor had any holding power? A. There was not. Those anchors were dropped in a horizontal distance of 45 fathoms apart, and with 85 fathoms on the starboard chain, and 60 on' the'port chain, there was 20 fathoms somewhere of slack chain on the port chain.
“Q. So at' no time, from the, time the 13 fathoms was dropped in the water until the 65 was dropped on the port and 85 on the starboard, was the port chain taut; that is correct? A. Yes, sir; and 20 fathoms on the bottom coiled round the anchor.”
This presents the question of whether the burdened vessel provided and maintained a proper anchorage. If she did not, and that brought about the collision, she is liable for damages growing out of her neglect. Unquestionably, a ship’s length between the two vessels was an unsafe distance originally to have allowed the vessels to be in after coming to anchor. The evidence conclusively establishes that the vessels were oidginally anchored at the proper distance, and on the evening of the collision that the Hésperos dragged, as claimed by the libelant, until she was within a ship’s length of the Jason, and that for a period of 3 hours prior to the collision she was allowed to be and remain in this dangerous proximity to the vessel she was charged with the duty of keeping clear of, in the presence of an impending storm. During these 3 hours, ample time was afforded the Hésperos to have moved back to the place from which she had drifted, or other safe anchorage, and if her navigators chose not to do so, and to rely upon placing out the port anchor, which failed to hold the ship, upon the storm increasing in volume, as it did, 2% hours later, she, and not the Jason, should bear the burden therefor. Had both her anchors, instead of one, been out, it is probable that the dragging between 3 and 6:30 o’clock would not have occurred, and, indeed, had one with sufficient chain been out, she would probably have ridden out the storm and the disaster been averted. The Hésperos cannot escape responsibility, having crowded the anchorage of the Jason, by merely at templing while in the position mentioned, to lengl lien the anchor chain. The vessels were then in too close proximity for safety, and had been allowed so to remain for more than three hours, and hence she cannot escape liability for ineffectively attempting to strengthen the anchor chain. The burdened vessel ought to have moved away, or at least in some effective way to have guarded against disaster of the character in question, reasonably to have been anticipated.
II. The court does not concur with the view that the Jason dragged her anchor. On the contrary, the testimony is entirely clear that she did not, and that her berth was fouled by the Hésperos dragging into her.
It is true several other vessels dragged anchor about the same time; but the great body of shipping found no difficulty in procuring entire security, as would also the Hésperos, if she had been properly anchored, or exercised ordinary care and nautical skill, after her navigator’s attention had been drawn to the weakness of its anchorage. Had both vessels remained in their original anchorage, there would have been no collision; and had the Hésperos placed out both anchors, on proper anchor chains, there would not have been, nor should there have been, danger, if she had discharged her duty by moving to a safe distance, after her dangerous proximity to the Jason was apparent, more than 3 hours before the disaster.
The conclusion of the court is that the Hésperos should be held solely responsible for the collision.
The Hamilton is a large and powerful harbor tug, 74 feet long, 17.2 feet beam, and of 200 horse power, with a crew of seven officers and men. In the early afternoon of the collision, she had been engaged in Assisting coaling the Jason, and after the collision, about 10:45 p. m., in response to urgent calls for help from the Jason, which had been most seriously damaged, promptly went to her assistance. The Jason was badly broken and cut into on the port side about and below the water line, and when the Hamilton arrived she was in 52 feet of water, and taking in water rapidly, especially in her first and
The tug was valued at $75,000, and was under charter hire at $3,900 l>er mouth. The Jason and her cargo were very valuable; the ship worth considerably more than $1,000,000, and the cargo at least $2,-600,000.
That the Hamilton is entitled to a salvage award cannot be seriously questioned. It is true the service was rendered in the harbor, and the claim to salvage may not be of the highest order; but libelant’s rights as a salvor should be respected, and a reasonable sum allowed. -The danger to the tug and its crew was probably not very great, though there was some in attempting to handle this large ship in the then weather conditions. A violent storm had shortly preceded the service, and during its rendition the wind was quite high, blowing some 24 miles an hour. There was necessarily risk in such a situation, taking into account the relative sizes of the two vessels, aside from the appreciable danger of the deck cargo breaking loose and falling upon the tug, if ihe ship listed further to starboard.
The value of the tug was considerable, and that of the salved property very large. The service was skillfully and Successfully rendered when time was exceedingly urgent, and when no other help responded to the Jason’s call, assuming it was possible to secure the same in the then disturbed condition of shipping in the harbor. The court feels, having due regard to the elements properly entering into an allowance of this character, that the sum of $15,000 would be a proper award to make, and a decree for that amount will accordingly be entered.