The Anglo-Patagonian
| Citation | 235 F. 92 |
| Decision Date | 05 July 1916 |
| Docket Number | 1431. |
| Parties | THE ANGLO-PATAGONIAN. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
H. H Little, of Norfolk, Va. (Hughes, Little & Seawell, of Norfolk, Va., on the brief), for appellant.
Allan D. Jones, of Newport News, Va. (E. S. Robinson, J. T Newsome, T. J. christian, and J. Winston Read, all of Newport News, Va., and William A. Graff, of Norfolk, Va., on the brief), for appellees.
Before KNAPP and WOODS, Circuit Judges, and JOHNSON, District Judge.
The accident under review happened while the steamship Anglo-Patagonian was in dry dock at Newport News, Va. The vessel had been injured in a collision, which made it necessary to cut away and replace a number of plates in and around the bow and to straighten the stem. In order to have this work done the vessel entered the dry dock, where, after the water had been withdrawn, it rested upon keel and bilge blocks. The rigging gang of the dry dock company, which contracted to make the repairs, erected staging around the bow, on both the starboard and the port sides. This staging was supported by two uprights immediately in front of the bow, resting upon the bottom of the dock, connected by cross-beams, and lashed to the forecastle. Upon these cross-beams at various heights rested the forward ends of planks, the rear ends of which were supported by rope slings swung from convenient places on the deck and rail. The workmen making the repairs stood upon these planks.
The vessel went into dry dock on the 2d of June, 1915, which was Wednesday. Work commenced immediately, and continued day and night until about noon of Saturday, three days later, when from some cause the starboard cable slipped, and the anchor suspended above the workmen, dropped slowly to the bottom of the dock, crushing a part of the staging and hurling the men to the bottom, causing the death of one, seriously injuring three, and inflicting minor injuries on another. It appears that the anchor had been hanging on the brake, which constituted its only support. This brake was an iron band extending almost entirely around the drum of the windlass, and could be loosened or tightened by a threaded spindle connecting the two ends. When tightened, the brake band held the drum on the windlass by compression and friction, which prevented the anchor chain from running out through the hawse pipe. Ordinarily this support was sufficient, according to the testimony of several witnesses; but when it was desired to make the anchor absolutely secure other means were provided. Any one of several methods could be used; the anchor could be lashed to a ring bolt in the deck, or the chain stopper could be set, clamping the chain. Another method in common use is to fasten a link of the chain to the 'devil's claw.' The Anglo-Patagonian could have adopted either of the first two methods, but was not equipped with a devil's claw. According to the testimony the chain stopper was covered with paint and had not been recently used.
Libels were filed by the injured workmen and by the administrator of the one who was killed. Exceptions to the jurisdiction were overruled, and the causes consolidated and heard together. The trial court upheld the right of recovery, found as a fact that the accident was caused by the negligence of the steamship, and fixed the damages, aggregating $18,600, to which each libelant was deemed entitled.
Two grounds are relied upon to reverse the decree. It is argued in the first place that the accident did not occur upon any 'navigable waters of the United States,' and therefore an action for damages for the resulting injuries was not within the jurisdiction of admiralty. In other words since the vessel was not afloat at the time, but rested upon supports in the bottom of the dry dock, the contention is made that the accident happened on land, and for that reason was not cognizable by an admiralty court. This contention rests upon no sustainable basis and must be rejected. The Robert W. Parsons, 191 U.S. 17, 33, 24 Sup.Ct. 8, 48 L.Ed. 73; The Steamship Jefferson, 215 U.S. 130, 142, 30 Sup.Ct. 54, 54 L.Ed. 125, 17 Ann.Cas. 907; Atlantic Transport Company v. Imbrovek, 234 U.S. 52, 34 Sup.Ct. 733, 58 L.Ed. 1208, 51 L.R.A. (N.S.) 1157. See...
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The Atna
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