Trade & Transport, Inc. v. Caribbean Steamship Co.

• Citation: 384 F. Supp. 782,1975 AMC 1065
• Decision Date: 07 October 1974
• Docket Number: Civ. A. No. 72-C-5.
• Parties: TRADE & TRANSPORT, INC. v. CARIBBEAN STEAMSHIP COMPANY, S.A., and Reynolds Metals Company.
• Court: U.S. District Court — Southern District of Texas

384 F. Supp. 782

1975 AMC 1065

TRADE & TRANSPORT, INC. v. CARIBBEAN STEAMSHIP COMPANY, S.A., and Reynolds Metals Company.

Civ. A. No. 72-C-5.

United States District Court, S. D. Texas, Corpus Christi Division.

October 7, 1974.

J. Michael Mahaffey, Corpus Christi, Tex., for Trade & Transport.

Joseph Newton, Houston, Tex., for defendant Caribbean Steamship Co.

Robert M. Contois, Jr., New Orleans, La., for defendant Reynolds.

William H. Keys, Corpus Christi, Tex., for cross-plaintiff Reynolds.

MEMORANDUM AND ORDER

OWEN D. COX, District Judge.

The Plaintiff herein, Trade Banner Line, Inc. (having been substituted as Plaintiff in the stead of Trade & Transport, Inc.) sues for alleged Hurricane Celia damage to the M/V TRADE CARRIER which occurred on August 3, 1970. The vessel is a Diesel-powered, general cargo ship. She went adrift from her moorings in one of the Reynolds Metals Company's docks on the La Quinta Channel during Hurricane Celia and she went aground. We are using, in this memorandum, the word "pier" to mean the physical structure, and the word "dock" to include the pier and the waterway on either side of it.

This vessel had been voyage-chartered by Plaintiff to Defendant Caribbean Steamship Company, S.A. (sometimes called "Carribbean"), a subsidiary of Defendant Reynolds Metals Company. She was to transport for Reynolds Metals, from its facility called the Sherwin Plant near Corpus Christi, Texas, 18,000 tons of alumina, to Baie Comeau, Canada. The Sherwin Plant receives bauxite (all aluminum ore) and produces alumina from it. Alumina is a white, granular-powdery substance from which, through processing at other plants, aluminum is refined.

The charter party between Plaintiff owner and Caribbean charterer provided, among other things, that the vessel would present herself on or before August 7, 1970, for loading in "one safe berth Corpus Christi, Texas (in the opinion of the Master) and there load always afloat in the customary manner, . . . ." It further provided, among other things, that "the act of God . . and all and every other dangers and accidents of the seas, rivers, and canals, of whatever nature and kind whatsoever, before and during the said voyage, always excepted." Such an exception in the charter relates to both the owner of the vessel and the charterer alike.

There were two piers along the La Quinta Channel at the Sherwin Plant. The east pier, which is commonly referred to as the alumina dock, or loading dock, or Facility 90, is used for loading alumina, and it was on the west side of this pier that M/V TRADE CARRIER was first moored and from which loading had commenced. The west pier, which is commonly referred to as the bauxite, or unloading dock, or Facility 5, was customarily used for unloading bauxite. After information was received that the center of the storm would move in over Corpus Christi, loading was halted and the vessel was shifted to the west side of the bauxite pier. Ships drawing 34 to 36 feet may maneuver in these docks and could have been berthed on either side of the bauxite pier. There is shallow water over a clay bottom, which is immediately west of the bauxite dock.

The TRADE CARRIER arrived at the Aransas Pass bar at about 2000 hours on August 2, 1970. Her maximum draft on arrival was 18'6". At that time, Hurricane Celia was reported centered about 265 miles southeast of Galveston, moving in a west and northwesterly direction. It was expected to go in up the coast from the Corpus Christi-Aransas Pass area in Texas.

When the TRADE CARRIER arrived at Reynolds Metals' alumina dock, the area was under hurricane watch but hurricane warnings were only in effect from Rockport north to Port Arthur, Texas. With the assistance of a local pilot, the TRADE CARRIER entered La Quinta Channel and tied up with her port side to the alumina pier, at approximately 2200 hours, on the 2nd of August, and loading of alumina was commenced the next day, August 3rd, at 0400 hours. Hurricane warnings were extended by the National Weather Service to include the Corpus Christi area at 0500. The winds reportedly had a maximum speed of 90 miles per hour near the center of the storm. Hurricane Celia was then expected to move inland near Corpus Christi late that afternoon, with tides of five to seven feet.

The master of the TRADE CARRIER had secured his radio watch after docking at the alumina pier. Prior to doing this, he had monitored available radio weather reports. Afterward, he received some information regarding this hurricane from the pilot who boarded to dock the vessel. There is no evidence indicating the master knew, or that the shore personnel made any effort to notify him, that hurricane warnings had been extended to include Corpus Christi. The master made no effort to keep up with the course of the storm by plotting its course, monitoring the reports being broadcast, or inquiring of others about it. There was testimony that had the captain known of the change in direction when it was first announced by the Weather Service, he could have moved his vessel into the Gulf.

Later on during the morning, at about 0740, the master was advised by the shore personnel involved in the loading operations that Hurricane Celia was approaching. The loading equipment was pulled out. The master testified that he asked to move the vessel out into the Gulf, but the pilot said it was too late to do so. At this point, there develops a conflict in the testimony as to whether or not the master of the vessel would have been able to move out into the Gulf. There was testimony that, shortly after docking and before loading commenced, the master, when he was advised the vessel might have to put to sea because of the storm, told shore personnel he could not move back into the Gulf, if he were requested to do so, because of engine repairs being made. On the other hand, the master testified he could have moved into the Gulf on short notice and that he would have preferred to ride out the storm in the Gulf. There was no dispute that engine-room employees of the vessel TRADE CARRIER were actually working on some parts of the engine; but, the extent of the work was in question. The main engine of the vessel was used in transferring to the bauxite dock, where it was berthed during the storm.

Immediately after loading operations ceased, the master started securing the ship at the alumina dock. However, before this job was completed, the master was told to shift from the alumina dock to the bauxite pier. He remonstrated about the move and requested to remain at the alumina dock and be allowed to shift the vessel just a little bit astern. He considered this suggested location to be the safest during the storm, under the circumstances. The request was denied, and since he had never been at this place before, he felt he had to rely on those persons who were familiar with the two docks available. He testified there was no choice left to him. Under the circumstances, it appears Reynolds, as the wharfinger, was also concerned for the protection of the alumina pier. It was the considered opinion of at least one witness that the alumina pier would not hold. So, the master started moving the vessel to the bauxite dock. The pilot came aboard at 0950 hours and the shifting to the bauxite dock started about 1010, and by 1100 the vessel was secured with her port side to the west side of the bauxite pier. At this time, the Weather Service announced Celia had intensified with peak winds at center of 115 miles per hour. During the course of these transfer operations, directions as to where the vessel should be moored were given by Reynolds and/or Caribbean. At no time did anyone advise the master of the shallow water near the bauxite dock, and to the west of it.

The lines used in mooring the vessel belonged to TRADE CARRIER, but there was some confusion as to how many lines were used. These lines consisted of both eight-inch and ten-inch circumference nylon and manilla ropes. No additional lines were requested by the master and none were offered by Defendant Reynolds. The lines were passed from the ship to fixtures on the pier and there secured by...