Linehan v. United States Lines, Inc., Civ. A. No. 74-118

• Decision Date: 23 June 1976
• Docket Number: 74-97.,Civ. A. No. 74-118
• Citation: 417 F. Supp. 678
• Parties: Joseph David LINEHAN, Jr., and Joseph David Linehan, Sr., Plaintiffs, v. UNITED STATES LINES, INC., Defendant. Joseph David LINEHAN, Sr., Plaintiff, v. Joseph David LINEHAN, Jr., and United States Lines, Inc., Defendants.
• Court: U.S. District Court — District of Delaware

417 F. Supp. 678

Joseph David LINEHAN, Jr., and Joseph David Linehan, Sr., Plaintiffs, v. UNITED STATES LINES, INC., Defendant.

Joseph David LINEHAN, Sr., Plaintiff, v. Joseph David LINEHAN, Jr., and United States Lines, Inc., Defendants.

Civ. A. Nos. 74-118, 74-97.

United States District Court, D. Delaware.

June 23, 1976.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Roderick R. McKelvie, of Richards, Layton & Finger, Wilmington, Del., for plaintiff Joseph David Linehan, Jr.

Robert K. Payson, and Peter M. Sieglaff, of Potter, Anderson & Corroon, Wilmington, Del., for plaintiff Joseph D. Linehan, Sr.

Frank J. Miller, of Miller & Foulk, Wilmington, Del., for defendant Joseph D. Linehan, Jr.

Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant United States Lines, Inc.; John T. Biezup, of Rawle & Henderson, Philadelphia, Pa., of counsel.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This suit arises from injuries sustained in the collision of the Yacht Lotus ("Lotus") and the S.S. American Legend ("Legend"), a steam vessel owned and operated by the United States Lines, Inc. ("U.S. Lines"). Actions were filed by the owner of the sailing yacht, Dr. Joseph David Linehan, Jr., ("Dr. Linehan"), and his father Captain Joseph David Linehan, Sr. ("Capt. Linehan"), against U.S. Lines, and by Capt. Linehan against his son and U.S. Lines. U.S. Lines answered and cross-claimed against Dr. Linehan. The actions were consolidated and tried together, to the Court sitting in admiralty. The Court makes the following findings of fact and conclusions of law.

A. Findings of Fact

1. The collision occurred on the morning of June 14, 1972, at approximately 4:30 A.M.,¹ in the ship channel in the Delaware River, near that point where the Deepwater Range and Bulkhead Bar Range intersect, or to the west of a line drawn between Bouy 2D and 4B.²

2. The Lotus was at that time proceeding on a voyage from City Island, New York, where she had been purchased by Dr. Linehan, to Annapolis, Maryland, where she would be docked. (Tr. 612; PX-62, p. 6).³ The Lotus is a yawl rig sailing vessel, 35 feet long, with a draft of five feet, nine inches. She carries a gasoline powered auxiliary engine. (Tr. 612; PX-62 at 6-7).

3. The Legend is a container ship, 661 feet long, drawing 27 feet (25 feet forward, 28 feet aft) loaded as she was during this voyage. She was proceeding on a voyage from Philadelphia, with a cargo of containers, bound for Savannah, Georgia. She is powered by a steam engine driving a single screw. (PX-62 at 4).

4. Deepwater Point Range is a channel some 3.76 miles long and 800 feet wide. (PX-1). The Bulkhead Bar Range is .56 miles long, and 1600 feet wide. (Id.). At the intersection of the two ranges, the River makes a bend to the southeast, which terminates in the intersection of the Bulkhead Bar Range and the New Castle Range. The water depths shown on the chart (PX-1) indicate that the channel is deep enough for the operation of the Legend, but that outside the channel the water shoals quickly, and the Legend could not operate without grounding. The water just outside the channel is deep enough for the operations of the Lotus, but shoals so quickly that the Lotus could not venture far outside the channel without risking running aground.

5. During the voyage in question, the master of the Lotus was her owner, Dr. Linehan. (Tr. 43, 613-14).

6. Capt. Linehan had provisioned the Lotus, and agreed to sail on her to assist his son in the navigation of the craft, and in other ways. (DX-11 at 6, 8; Tr. 43). Capt. Linehan by his experience of some thirty years in the Navy, approximately half of which was served as a deck officer at sea, was qualified to navigate the vessel. (Tr. 29-30).

7. The Lotus had left City Island, New York, several days prior to the events at issue, and had come through the Cape May Canal near the tip of New Jersey, and entered the Delaware Bay on the evening of June 13, 1972, at approximately 5:00 o'clock. (Tr. 44-45, 614).

8. On the evening of June 13, 1972, the master of the Lotus determined that the yacht would not stop that night, but rather would continue up the Delaware Bay and River to the entrance of the Chesapeake and Delaware Canal, proceed through the canal to the Chesapeake Bay and thence to Annapolis. (Tr. 45-47, 614, 936).

9. From the evening of June 13th until the early morning hours of June 14th, Capt. Linehan and Dr. David Matthews, a personal friend of Dr. Linehan who had agreed to accompany the Lotus on her voyage and who was an experienced sailor, stood the watch. The Lotus proceeded upriver, under power, staying to the outside of the Channel on her own starboard side, i. e., the east side of the river. (Tr. 46, 939-40).

10. As the Lotus proceeded upriver, she showed the following navigation lights: red and green running lights; a white stern light visible for 360°; and a white masthead light, also visible for 360°. (Tr. 51, 935, 618-19). These lights were powered by batteries which were recharged from the running engine. (Tr. 676-77, 707). The lights were turned on and checked by Dr. Linehan and Dr. Matthews. (Tr. 649, 935).

11. At some time after midnight, June 14th, the Lotus, being piloted by Capt. Linehan, passed the entrance to the Chesapeake and Delaware Canal. Rather than entering the Canal, the Lotus continued bound upriver. (Tr. 49-54).

12. After rounding the end at the Bulkhead Bar Range, and sighting the Delaware Memorial Bridge some four miles ahead of them, Capt. Linehan and the others aboard the Lotus realized that they had passed the entrance to the Canal. Capt. Linehan had been fairly certain of the fact as he had neared Pea Patch Island and had read the buoy numbers. (Tr. 51, 939).

13. The Lotus continued upriver to the vicinity of Pennsville. (Tr. 51,616, 940).

14. At about the time that the Lotus was passing through the Bulkhead Bar Range on her way upriver, Dr. Linehan awoke and came on deck. (Tr. 615, 51-52, 940). As he was made aware of the problem of having passed the entrance to the Canal, the auxiliary engine, under whose power the vessel had been proceeding for some time, died. (Tr. 941, 55, 617).

15. One effort was made to restart the engine; the starter would not turn the engine over and rather than deplete the battery, Dr. Linehan decided not to continue to attempt to restart the engine. (Tr. 617, 675-76, 711-12). Those on board the Lotus were concerned because it appeared that the bilge pump, powered by the same electrical battery which powered the starter and the lights, etc. was not operating. (Tr. 941). Dr. Linehan also noticed that the ammeter readings indicated that the battery was not being charged from the engine. (Tr. 618).

16. After examining the chart and the shoreline, an attempt was made under sail to approach what was believed to be a dock on the Pennsville (east) side of the River, near the area marked "Riverview Beach". After approaching it, the Lotus' crew decided that no help could be obtained there. (Tr. 51-54, 195-96, 620).

17. Capt. Linehan recommended to his son that they anchor for the night outside the Channel, and in the morning attempt to repair the engine or seek assistance to do so. Capt. Linehan went forward and broke out the anchor so it could be used. (Tr. 54-55, 620-21, 942).

18. Dr. Linehan decided not to anchor but to proceed under sail back down the River to the entrance to the Chesapeake and Delaware Canal. He hoped to find a marina there which would assist in the repairs of the engine, if any were necessary.⁴ Dr. Linehan hoped to reach the mouth of the Canal before morning and to anchor off of it until daylight. (Tr. 195, 620-21, 942-43).

19. At some time between 1:30 and 2:00 A.M., on June 14th, the Lotus proceeded downriver under sail. Capt. Linehan and Dr. Matthews went off watch, and Dr. Linehan and David Berry (another friend of Dr. Linehan's) took the watch. (Tr. 56, 621, 943). The wind was light, running about 4 or 5 knots, from the south backing to the southeast. (Tr. 622-23). The tide was ebbing at approximately 1½ knots. (Tr. 244). Visibility was good, about 3 miles, though the night had been overcast and somewhat drizzily earlier. (Tr. 275, 745, 727; PX-64). The Lotus proceeded on her downriver course by tacking back and forth across the Channel, heading approximately 210° true on the port tack (heading west), and approximately 110° true on the starboard tack (heading east). Her speed was approximately three knots. (Tr. 622-24, 625).

20. The Legend had loaded her cargo, and cleared Philadelphia at approximately midnight on June 14, 1972, in order to run with the ebb tide. In addition to her own crew, she carried a Delaware Bay and River Pilot, Derrick MacInnis, to assist in her navigation down the Channel. At approximately 4:17 A.M., the Legend passed under the Delaware Memorial Bridge and proceeded south into the Deepwater Gap Range.⁵ (PX-62 at 4).

21. The Captain of the Legend had retired to his cabin, leaving orders to be awakened and called to the bridge in the event of trouble. On the bridge were the Second Officer, a helmsman, and the pilot. A lookout was stationed in the bow, with telephonic communication to the bridge. (Tr. 744-47, 816-17, 305; PX-41 at 4-7).

22. As she proceeded downriver, the Legend was contacted by the upbound freighter Concordia Lago ("Lago"). On board the Lago was a Delaware Bay and River Pilot, J. A. Ellis, who radioed MacInnis in order to arrange passing signals between the two vessels as they proceeded through the Deepwater Point Range. (Tr. 237-38, 242-43, 313).

23. After arranging for a red-to-red passage of the vessels, Ellis told MacInnis that as the Lago had proceeded upriver he had sighted a sailboat which had passed across the bow of the Lago, and that the sailboat's last known position was "about sixty feet off Buoy 1D". (Tr. 243, 313).

24. At the time that the sailboat had passed his bow,...