A/S ATLANTICA v. MORAN TOWING & TRANSPORTATION CO., INC.

• Decision Date: 18 July 1973
• Docket Number: No. 68 Civ. 2511.,68 Civ. 2511.
• Citation: 360 F. Supp. 1225
• Parties: A/S ATLANTICA et al., as owners of the M/V HOEGH TRAVELLER, Plaintiffs, v. MORAN TOWING & TRANSPORTATION CO., INC., TUG ALICE M. MORAN, INC., and the TUG CLAIRE A. MORAN, in rem, Defendants.
• Court: U.S. District Court — Southern District of New York

360 F. Supp. 1225

A/S ATLANTICA et al., as owners of the M/V HOEGH TRAVELLER, Plaintiffs, v. MORAN TOWING & TRANSPORTATION CO., INC., TUG ALICE M. MORAN, INC., and the TUG CLAIRE A. MORAN, in rem, Defendants.

No. 68 Civ. 2511.

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

July 18, 1973.

Haight, Gardner, Poor & Havens, New York City, for plaintiffs; MacDonald Deming, and John J. Reilly, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for defendants; Kenneth H Volk, New York City, of counsel.

OPINION

STEWART, District Judge:

Plaintiffs are Norwegian corporations and owners of the Norwegian Motor vessel Hoegh Traveller. They brought suit against defendant Moran Towing & Transportation Co., Inc. hereinafter Moran and the tug Claire A. Moran in rem to recover damages suffered by their vessel when being assisted by the tug Claire A. Moran in undocking at Port Newark. Jurisdiction is based on the admiralty or maritime jurisdiction of the district courts.

28 U.S.C. § 1333. The following facts were adduced at trial.

On the morning of February 2, 1966 the Hoegh Traveller completed loading a cargo of scrap metal at Berth 27, Port Newark. She was bound with her cargo for Japan and needed assistance to undock and proceed to sea. The plaintiff's local agent requested Moran to furnish this assistance and Moran dispatched its tug, the Claire A. Moran, which was already at Port Newark having completed another job in that vicinity.

The evidence shows that defendant Moran was negligent in failing to provide two tugs of adequate power to assist the Hoegh Traveller undock and in formulating and attempting to carry out an imprudent plan by which the Hoegh Traveller was to undock and proceed to sea. The evidence further shows that as a result of Moran's negligence the vessel, Hoegh Traveller, struck the bank of the Branch Channel. The Traveller allegedly suffered damage to its steering engines and machinery; however, the trial concerned only the merits and no evidence was introduced as to damages.

The pilot of the tug Claire A. Moran testified that his preconceived plan was to back the Traveller away from the dock with the tug at her port bow and turn her around when she had backed far enough so that her bow was seaward of the outer end of the pier. She would then proceed to the main channel. The length of the Traveller was shown to be 544 feet at water level, allowing 53 feet maneuvering room in the 600 foot wide Branch Channel.

There is substantial evidence that it would have been reasonable for the pilot to have taken the vessel backwards to the main channel and turn her around at that juncture. The testimony of a licensed master and maritime consultant indicates that it would not be possible to turn a 585 foot ship (547 ft. at water level) in a 600 foot wide channel with safety. It seems to us a matter of logic that such a maneuver could not be attempted with any reasonable assurance of safety and Captain Fertig's testimony confirms our feeling in this regard. The fact that defendant's pilot had successfully turned numerous...