Charles Warner Co v. Independent Pier Co Same v. Gulftrade, s. 22 and 23

• Decision Date: 19 November 1928
• Docket Number: Nos. 22 and 23,s. 22 and 23
• Citation: 49 S.Ct. 45,278 U.S. 85,73 L.Ed. 195
• Parties: CHARLES WARNER CO. v. INDEPENDENT PIER CO. SAME v. The GULFTRADE
• Court: U.S. Supreme Court

278 U.S. 85

49 S.Ct. 45

73 L.Ed. 195

CHARLES WARNER CO.

v INDEPENDENT PIER CO.

SAME

v. The GULFTRADE.

Nos. 22 and 23.

Argued Oct. 10, 1928.

Decided Nov. 19, 1928.

Messrs. E. H. Brown Jr., and J. T. Manning, Jr., both of Philadelphia, Pa., for petitioner.

Mr. Howard M. Long, of Philadelphia, Pa., for respondent in No. 22.

Messrs. Chauncey I. Clark and Frederic Conger, both of New York City, for respondent in No. 23.

[Argument of Counsel from page 86 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.

These two numbers on our docket present one cause in admiralty. It arose out of a collision between the single screw steamer Gulftrade-429 feet long, 59 foot beam-and two loaded scows which, with two others, were being towed by the tug Taurus upon hawsers astern. The flotilla was about 400 feet long. Both the tug and scows were owned or chartered by petitioner, Charles Warner Company. The Gulftrade was accompanied by the tugs Triton and Churchman, made fast to her port bow and port quarter. They were owned respectively by Independent Pier Company and Alfred E. Churchman. The Triton's master was upon the steamer and commanded the three associated vessels.

The accident occurred in the Schuylkill river near its confluence with the Delaware at 3:00 p. m., October 1, 1923. The weather was fair, tide flood, wind light.

Drawing her tow the Taurus passed slowly up the Delaware with the tide and rounded into the still water of the 200-foot channel of the Schuylkill. The Gulftrade followed under her own power, carrying with her the attending tugs, their engines motionless until the last moment before the collision. Shortly after the flotillas entered the Schuylkill, the Gulftrade for the third time, by a single blast, indicated her desire to pass to starboard-eastward. The Taurus (as she had done twice before while in the Delaware) gave an assenting blast. Attempting to pass in mid-channel, the steamer struck two of the scows and caused material loss.

The District Court found that:

'The set of the tide swung the tail of the tow to the eastward and more or less athwart the channel until it had straightened out. * * * This, however, was a condition which the steamship was bound to anticipate and doubtless did. What happened was that the navigator of the ship expecting the tow would go to the westward and seeing it was so headed assumed it would be out of his way by the time he reached the passing point and that a passage up mid-channel would be clear. In this he miscalculated and hence the collision.'

It declared the steamer guilty of negligence the Taurus without fault, and awarded full damages in favor of petitioner Charles Warner Company primarily against the Independent Pier Company, owner of the Triton, and secondarily against the Gulftrade.

The Circuit Court of Appeals (Independent Pier Co. v. Warner Co., 20 F.(2d) 111) held:

'Under the circumstances, the Taurus was in fault in giving consent to the Gulftrade to come ahead, relying too much on her ability to get out of the channel. Evidently the Taurus miscalculated the situation. So, also, it seems the Gulftrade was at fault. She was the following vessel. All she had to do was to hold back, and not run into the scows. She certainly saw danger ahead when she gave the second signal, and she certainly saw it more imminent when she gave the third signal. It was quite clear that she did go ahead, and took an equal chance with the Taurus on the ability of the latter to give her free channel-way to pass. The result was a needless collision.'

We cannot conclude that the Taurus was in fault. She was prudently navigated in plain view of the Gulftrade who knew the relevant facts; and by assenting that the latter might pass she certainly did not assume responsibility for the maneuver. At most the Taurus obligated herself to hold her course and speed so far as practicable, to do nothing to thwart the overtaking vessel, and she knew of no circumstances not open to the observation of the Gulftrade which would prevent the latter from going safely by, if prudently navigated. Of course, no ship must ever lead another into a trap. There was ample room for the Gulftrade to pass. But, if not, she should have slowed down and kept at a safe distance. Her fault was the direct and sole cause of the collision.

By the act to adopt regulations for preventing collisions, etc., approved June 7, 1897 (chapter 4, 30 Stat. 96 et seq. (33 USCA § 154 et seq.)), it is provided:

'Art. 18, Rule VIII. When steam vessels are running in the same direction, and the vessel which is astern shall desire to pass on the right or starboard hand of the vessel ahead, she shall give one short blast of the steam whistle, as a signal of such desire, and if the vessel ahead answers with one blast, she shall put her helm to port; or if she shall desire to pass on the left or port side of the vessel ahead, she shall give two short blasts of the steam whistle as a signal of such desire, and if the vessel ahead answers with two blasts, shall put her helm to starboard; or if the vessel ahead does not think it safe for the vessel astern to attempt to pass at that point, she shall immediately signify the same by giving several short and rapid blasts of the steam whistle, not less than four, and under no circumstances shall the vessel astern attempt to pass the vessel ahead until such time as they have reached a point where it...