Crescent Towing & Salvage Co. v. the MV 117, 1230.

• Decision Date: 13 December 1949
• Docket Number: No. 1230.,1230.
• Citation: 87 F. Supp. 257
• Court: U.S. District Court — Eastern District of Louisiana
• Parties: CRESCENT TOWING & SALVAGE CO., Inc. v. THE MV 117 et al. THE PORT HUDSON.

87 F. Supp. 257

CRESCENT TOWING & SALVAGE CO., Inc. v. THE MV 117 et al. THE PORT HUDSON.

No. 1230.

United States District Court E. D. Louisiana, New Orleans Division.

December 13, 1949.

Terriberry, Young, Reault & Carroll, New Orleans, La., for libellant.

Lemle, Moreno & Lemle, New Orleans, La., for claimant.

WRIGHT, District Judge.

This is a libel in rem for salvage brought by Crescent Towing & Salvage Company, Inc., as owner of the Tug Port Hudson on behalf of itself and her crew members against the Barge MV 117. Mississippi Valley Barge Line Company is the claimant and owner.

The Tug Port Hudson is a 1000 horsepower Diesel engine single screw tugboat of steel construction. She is 91 feet in length, 25 feet abeam and 11 feet, 6 inches in depth. On February 18, 1946, libellant purchased the Port Hudson from the United States Maritime Commission for $140,000.00. She is carried on the books of libellant at a value of $134,608.15. At the relevant times she was manned by a crew of six including the master.

The Barge MV 117 is of steel construction including the elevated cargo house. The barge is 132 feet in length, 35 feet abeam and has a hull depth of 10 feet. She was laden with a full volume load of cargo and had a freeboard of 3 feet. The actual weight of her cargo was 6,445 pounds, 277 pounds which on June 5-6, 1946, consisted of soap, soap powder, battery chargers, glass jars, automotive parts, toys, steel bars, stoves, automotive wire, and wiring sets, kalsomine, putty paint and glassware. Her cargo doors were sealed with Interstate Commerce Commission Seals. On the top of the cargo house were stowed eighty bundles of steel bars weighing 85,960 pounds.

On the night of June 5, 1946, the Mississippi River at the Port of New Orleans was in flood stage, the reading on the Carrollton gauge was about 18 feet on a stand, and the downriver current was approximately six miles per hour. The Port Hudson was moored at her berth at the Louisa Street Wharf. At 11:35 P.M. on June 5, 1946, the Barge MV 117 was seen drifting free downriver approximately 600 feet from the east bank. The barge had come loose from her moorings at the Mandeville Street Wharf, located about 2000 feet upstream from the Louisa Street Wharf. The Port Hudson immediately started up her engines and at 11:40 was away from the dock and proceeding downriver making about eleven miles per hour over the ground in pursuit of the barge. In a short time the Port Hudson approached the barge on the tug's port hand and took her in tow. The tug then turned around and returned to Louisa Street Wharf, contacted Mississippi Valley Barge Line Company on the telephone and was told to return the barge to Mandeville Street. This was done. The barge had a mooring line hanging over her stern. At Mandeville Street the other part of the line was found secured to the bitt on the wharf. The Port Hudson made the barge fast with her lines. She returned to her berth at 12:45 A.M. on June 6th, after an elapsed time of about on hour.

The MV 117 had been picked up off the Pauline Street Wharf, some 5000 feet below Mandeville Street Wharf. Just below Pauline Street Wharf was located the Army Base Wharf at Poland Street at which there were several small tugs and a dry dock. Downriver and across on the east bank was the main yard of Todd-Johnson Dry Dock, Inc., where there were several vessels located. Below this began a series of...