The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 959
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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GRAY'S HARBOR TUGBOAT CO. V. PETERSEN
Johns and anchored. The next day she am put into the wharf of the port of
Portland dry dock and began to discharge lumber. * * * The ship went on
the Oregon dry dock. I examined her on the dry dock."
The damages sustained by the ship were thus testified to by Capt.
Crowe, surveyor for the Marine Underwriters:
"I examined the Jane L. Stanford. I found the vessel, after putting her on
the dry dock, to have apparently hit with her heel on a sandy bottom.
About 30 feet of the outer shoe and ten feet of the inner shoe on the heel
were torn off the whole length; the whole after end of the vessel, extending to
about one-third of her length. The vessel was all shaken in the seams; the
butts along the bottom and all over the veEsel were more or less started; the
keel in several places on the places mentioned before, the pieces of shoe split
off and in some places cut in deep enough to take off or scalp off the keel. In
the vicinity of the foremast, underneath the foremast on the port side there
were two pretty deep cuts and the p]nl:s bruised and cut in two and a quarter
inches deep. The keel right opposite that place was slightly damaged, and
the shoe for a distance of about 10 feet badly split up; right across the
starboard side of the planks there was one bad bruise, and a score of con-
siderable length; these latter damages were fresh, and had apparently been
made by the vessel going upon sharp rocks; also places damaged along the
keel to about within 30 feet of her heel; the stern post was found set
about one-fourth of an inch in the ship's counter; rudder not working true;
steam pumps out order; I think that comprises about the damage."
[2-4] It is not contended that any special contract was made re-
specting the towing, nor is it claimed that the captain of the tug even
consulted the master of the ship regarding his movements. Under
such circumstances it is perfectly clear that in the operation the cap-
tain of the tug was in command of both vessels and was bound to ex-
ercise reasonable skill and care in, everything relating to the work
undertaken. Being his home port, he was bound to know the chan-
nel he selected and whether, in the condition of the wind and water,
it was safe and proper to attempt to tow the ship across the bar. The
Margaret, 94 U. S. 494, 24 L. Ed. 146; Humboldt Man. Ass'n v.
Christopherson, 73 Fed. 239, 19 C. C. A. 481, 46 L. R. A. 264. We
fully agree with the court below that the conditions under which the
tug acted in the present case were full of peril, and that its action can-
not be properly assigned to a mere mistake of judgment of its captain,
but was such negligence on his part as rendered the owner of the tug
liable for all damages thereby caused to the ship.
[5] Only four items included in the amount of damages awarded by
the decree appealed from are contested. The first three-for the ex-
penses of the captain of the ship in getting her towed in and out of
the Columbia river, discharging and reloading her cargo, docking, re-
pairing, and like charges, in paying commissions in the securmg of a
new crew, and for the general average adjustment, all of which were
shown to and found by the court below to have been actually and nec-
essarily expended-were, we think, properly allowed. The Energia (D.
C.) 61 Fed. 224, affirmed in 66 Fed. 608, 13 C. C. A. 653, Erie & W. T.
Co. v. City of Chicago, 178 Fed. 42, 51, 101 C. C. A. 170.
[6] The remaining contested item was for interest for the period
of 5 years at 6 per cent. per annum on the amount of money actual-
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/974/: accessed April 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.