Moran Scow Corporation v. SS BOSTON

• Decision Date: 02 May 1972
• Docket Number: No. 68 Civ. 696.,68 Civ. 696.
• Citation: 342 F. Supp. 216
• Parties: MORAN SCOW CORPORATION and TUG M. MORAN, INC., Plaintiffs, v. S.S. BOSTON and Mystic Steamship Corporation, Defendant-Claimant, v. MORAN TOWING & TRANSPORTATION CO., Inc., Moran Towing Corporation, TUG HELEN B. MORAN, INC., Warwick Curtis Bay Co., TUG DIANA L. MORAN, TUG TERESA MORAN, DUMP SCOW MORAN 106 and DUMP SCOW MORAN 112, Defendants to Counterclaim.
• Court: U.S. District Court — Southern District of New York

342 F. Supp. 216

MORAN SCOW CORPORATION and TUG M. MORAN, INC., Plaintiffs, v. S.S. BOSTON and Mystic Steamship Corporation, Defendant-Claimant, v. MORAN TOWING & TRANSPORTATION CO., Inc., Moran Towing Corporation, TUG HELEN B. MORAN, INC., Warwick Curtis Bay Co., TUG DIANA L. MORAN, TUG TERESA MORAN, DUMP SCOW MORAN 106 and DUMP SCOW MORAN 112, Defendants to Counterclaim.

No. 68 Civ. 696.

United States District Court, S. D. New York.

May 2, 1972.

COPYRIGHT MATERIAL OMITTED

Burlingham, Underwood, Wright, White & Lord, New York City, for plaintiffs and defendants to counterclaim; Eugene Underwood, Kenneth H. Volk, Peter W. Carlson, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendant-claimant; Arthur J. Blank, Jr., Richard H. Brown, Jr., Robert O. Phillips, New York City, of counsel.

OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW

LEVET, District Judge.

Plaintiffs Moran Scow Corporation ("Moran") and Tug M. Moran, Inc. ("Tug Moran") institute this action against the above-named defendant-claimant S.S. Boston ("Boston") and Mystic Steamship Corporation ("Mystic"), owner of the Boston, for alleged damages arising from a collision between the Boston and the Dump Scow Moran 106 occurring on December 27, 1967 near the Verrazano-Narrows Bridge.

To this complaint the Boston and Mystic interposed an answer and a counterclaim against said plaintiffs and the other impleaded parties-defendants hereinbefore set forth in the title.

The general background of the collision involved in this case is as follows:

In the late afternoon of December 27, 1967, the tug Diana L. Moran ("Diana") departed from the loading shed at 37 Street, East River, New York City with scow Moran 106 and scow Moran 112 in tow alongside. Each scow was loaded with debris to be dumped at sea off the coast of New Jersey.

Tug Diana had been instructed to proceed to a position off Pier 25, Staten Island, where she was to be relieved by tug Teresa Moran ("Teresa"), which would take the two tugs in tow and continue the voyage to sea.

The tug Diana with the two scows in tow arrived off Pier 25, Staten Island and met the tug Teresa; at that point the Moran 106 was lined up ahead of the Moran 112, with the tug Diana's port side made fast to the after starboard side of the Moran 112.

The tug Teresa moved forward along the starboard side of the Moran 106 so that her stern was up against the bow of that scow; the tug Teresa fastened a bridle to the bow of the Moran 106 and the main towing hawser of the tug Teresa was then secured to the bridle.

When the tug Teresa commenced to let out her hawser, her master, by radio, released the tug Diana. Soon thereafter, the Boston sounded a two-blast whistle signal; nevertheless, the Boston, after the tug Diana and the tug Teresa responded with a danger signal, turned to the left and the bow of the Boston struck the after port side of the Moran 106 at about a right angle, resulting in damage to both scows and to the Boston.

ISSUES

Plaintiffs and the other Moran corporations (appearing as Defendants to Counterclaim) contend:

". . . that the collision was due solely to the fault and negligence of the BOSTON and those in charge of her in that she failed to keep to her own starboard side of the channel, failed to maintain an alert and proper visual lookout, failed to maintain a proper and alert radar watch, negligently and improperly turned to port, she was proceeding at an immoderate rate of speed and she failed to slow or stop or take any appropriate avoiding maneuvers when confronted with risk of collision." (Pretrial Order, at 3-4.)

After denying plaintiffs' aforesaid claims, the defendants, the Boston and Mystic, contend that:

1. The tug Teresa showed no towing lights;

2. The tug Diana, although substantially dead in the water, showed lights indicating that she had a tow alongside and had failed to turn on the required navigation lights upon casting off from the tow;

3. Neither tow was displaying proper navigation lights and neither could be seen by Boston's men. (Pretrial Order, at 4; see also allegations of fault by scows 106 and 112, tugs Diana and Teresa, answer and counterclaim, at 4-6.)

An admiralty case, it was tried to the court without a jury.

After hearing the testimony of the parties, examining the exhibits, the pleadings and the proposed Findings of Fact and Conclusions of Law submitted by counsel, this court makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1. Plaintiff Moran Scow Corporation is a corporation organized and existing under the laws of the state of Maine and at all pertinent times was the owner of Dump Scow Moran 112. (Pretrial Order ("PTO"); 256.)¹

2. Plaintiff Tug M. Moran, Inc. is a corporation organized and existing under the laws of the state of New York and at all pertinent times was the owner of Dump Scow Moran 106. (PTO; 259.)

3. Moran Towing Corporation is a corporation organized and existing under the laws of the state of New York and at all pertinent times was the manager and operator of Dump Scows Moran 106 and Moran 112. (PTO; 260.)

4. Helen B. Moran, Inc. is a corporation organized and existing under the laws of the state of Maine and at all pertinent times was the owner of the tug Diana. (PTO; 260.)

5. Warwick Curtis Bay Co. is a corporation organized and existing under the laws of the state of Delaware and at all pertinent times was the owner of the tug Teresa. (PTO; 260.)

6. Moran Towing & Transportation Co., Inc. is a corporation organized and existing under the laws of the state of New York and at all pertinent times was the operator of the tugs Diana and Teresa (PTO; 259-260.)

7. Defendant Mystic Steamship Corporation is a corporation organized and existing under the laws of the state of Delaware and at all pertinent times was the owner and operator of the S.S. Boston. (PTO; 259.)

8. Dump Scow Moran 106 is a non-propelled barge of 940 gross tons, 168 feet in overall length and 43 feet in breadth. (PTO; 261.)

9. Dump Scow Moran 112 is a non-propelled barge of 964 gross tons, 168 feet in overall length and 43 feet in breadth. (PTO; 261.)

10. Tug Teresa is a diesel tug of 299 gross tons, 102 feet in overall length and 28 feet in breadth. (PTO; 261.)

11. Tub Diana is a diesel tug of 239 gross tons, 100 feet in overall length and 27 feet in breadth. (PTO; 261.)

12. The S.S. Boston is a single screw cargo vessel of 6,753 gross tons, 443 feet in overall length and 57 feet in breadth, of American registry. (PTO; 260-261.)

13. Late in the afternoon on December 27, 1967, the tug Diana departed the loading shed at 37th Street, East River, with scows 106 and 112 in tow alongside. Each scow was fully loaded with debris to be dumped at sea off the coast of New Jersey. (Pl. Ex. 9; Pl. Ex. 20, at 325; 60, 123.)

14. The tug Diana had been instructed by Moran's dispatching office to proceed to a position off Pier 25, Staten Island, where she was to be relieved by the tug Teresa, which would take the two dump scows in tow and continue the voyage to sea. (62-63, 7.)

15. About 8:00 P.M. the Diana flotilla arrived at the designated rendezvous point off Pier 25, Staten Island, where she was met by tug Teresa which had come out of Kill Van Kull and down through the Stapleton Anchorage area. (7, 33-34, 198-199.)

16. At this time the weather was clear with good visibility and the night was dark with no moon; the wind was negligible; the surface of the water was calm; and the current was ebbing at approximately two knots. (PTO; 260; Deft. Ex. J, at 112; Deft. Ex. C, at 16; Pl. Ex. 42; 7, 19, 63, 388-389.)

17. On the same night of December 27, 1967, the Boston was inbound from Norfolk, Virginia, carrying a full load of 10,288 tons of coal. At 7:54 P.M. she passed Buoy 14 making full speed of about 10½ knots and altered course to starboard to 344° true heading up the last leg of Ambrose Channel toward the Verrazano Bridge. (394, 399-401; Pl. Ex. 42; Deft. Exs. R and S.)

18. Very shortly after passing Buoy 14, those on the Boston observed ahead, near the Verrazano Bridge, a cluster of lights, including the two vertical white towing lights of the tug Diana, which at that time was recognized to be a tug with a tow either alongside or ahead. The tug Teresa was also seen and later recognized to be a tugboat. (395-396, 445, 463, 508-509; Pl. Ex 40; Deft. Ex. J, p. 96.)

19. The Boston thereafter proceeded on various courses tending to keep to her own starboard or easterly side of the channel as she continued on at full speed. (439, 441.)

20. At 8:00 P.M. when the tug Teresa joined the tug Diana and the two dump scows, the Diana's port side was made fast to the after starboard side of the scow 112, and scow 106 was directly ahead of the 112, her stern being up against the bow of the 112 and made fast with lines at each corner. (Pl. Exs. 2 and 16; 8, 10, 61, 199, 201.)

21. At 8:00 P.M. when the tug Teresa joined the tug Diana flotilla, the Diana and the two scows were headed toward the westerly of Staten Island end of the Verrazano Bridge about a mile away and were practically dead in the water, making about three or four knots over the ground, including the two-knot current. (62-63, 69-70, 33, 54, 208.)

Members of the crew on the Boston concede and I find that the Diana and her two scows appeared to be just about dead in the water, at least until three minutes prior to the collision. (Deft. Ex. J, at 97; Deft. Ex. C, at 16; 495.)

22. When the tug Teresa joined the tug Diana and the two scows at 8:00 P.M., she proceeded to take a position forward of tug Diana alongside the starboard quarter of scow 106 and her deck hands passed over to the scowmen an intermediate hawser to be let out when they reached the ocean. Two powerful floodlights were turned on aboard the tug Teresa illuminating the tug's stern area so that the men could carry out this job. (10-12, 23, 39; Pl. Ex. 2; 201-202, 137; Pl. Ex. 29, at 484.)...