Shepard SS Co. v. United States, 280.

• Decision Date: 15 April 1940
• Docket Number: No. 280.,280.
• Citation: 111 F.2d 110
• Parties: SHEPARD S. S. CO. v. UNITED STATES.
• Court: U.S. Court of Appeals — Second Circuit

111 F.2d 110 (1940)

SHEPARD S. S. CO. v. UNITED STATES.

No. 280.

Circuit Court of Appeals, Second Circuit.

April 15, 1940.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (William E. Collins, Sp. Asst. to U. S. Atty., of New York City, of counsel), for appellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Eugene Underwood, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This appeal brings up for determination whether or not the reduction gears of a turbine were damaged when the libellant's vessel in which they were installed was in collision with a vessel of the respondent and, if so, the amount of the recoverable damages.

The libellant's steamship Sage Brush was, on May 22, 1933, in collision with a ship of the respondent, the S. S. City of Rayville, off the Virginia Capes about twenty miles north of Chesapeake Light Vessel. The Sage Brush was a seaworthy steel cargo vessel of 5501 tons gross; 409.8 feet long; 54.2 feet beam; 27.7 depth of hold and equipped with a General Electric turbine of 2500 horsepower. The libellant had bought her of the Shipping Board in 1929 for the intercostal trade in which she was engaged at the time. The City of Rayville was a steel freighter of about the same size.

When the collision occurred, the bow of the City of Rayville struck the starboard side of the Sage Brush just forward of the bridge at a point about one hundred feet forward of the engine room and cut in approximately eight feet. The No. 2 hold was punctured and filled with water to the water level. The starboard double bottom tanks were also pierced and sea water ran in to fill them. The starboard side bilge lines to No. 1 hold were broken and through them enough water ran into No. 1 hold to put the ship down by the head. She also had a starboard list. She made Newport News after the accident under her own power, however, and was there surveyed and repaired to the extent then found necessary to restore her to her seaworthy condition in the class she had before the collision. That was the highest classification given by the American Bureau of Shipping.

The power from her turbine rotor was transmitted through heavy gears to the drive shaft. The surveyors at Newport News recommended that these gears be opened up for examination; the clearances checked and then closed up in good order. Also that the holding down bolts for the main turbine, thrust and gear casings be tested and any loose or started bolts be made right. These recommendations were carried out. None of the surveyors, however, recommended that the alignment of the gears be checked and they were not tested in that respect. After the repairs at Newport News were made, the Sage Brush was there given a suitable dock trial in which the engines were run and the gears operated without any trouble being noticed.

On May 31, 1933, she was sent to Hopewell, Va., and from there she went on June 2d to Philadelphia without any gear trouble. After loading a cargo, she proceeded on June 5th to Chester, Pa., and sailed thence on June 6th for San Pedro, Cal., where she arrived June 26th. When but a few days on that voyage, the gears began to sound a bit differently than they had before the collision and on June 25th the chief engineer heard a loud, unusual noise in the gear casing. When she reached San Pedro he opened the peep hole for the high speed pinion; that for the intermediate gear; also that for the low speed gear, and made a visual inspection of the gears through those holes. He saw that several teeth were broken off the after helix of the port intermediate gear but could see no other damage though he turned the engine enough to make possible an examination of the entire circumference of the gears.

On June 27th, while the ship was proceeding to San Francisco a somewhat different sound was made by the gears and on June 29th while the vessel lay at San Francisco another inspection of the gears was made like that at San Pedro. Their condition seemed to be the same though heavy wear on the high speed pinion was then noticed. The ship performed her engagements in California waters though unusual sounds were heard in the gear casing and was back in San Pedro on July 27th. She sailed for New York without any repairs to the gears which continued to operate with more or less disturbing noises until she arrived there on August 18th. Then a survey was made by the American Bureau of Shipping and three hundred and thirty teeth were found broken in the port and in the starboard intermediate gears. As the vessel had cargo for Boston, she was permitted to go there to discharge it and to return to New York where she was sent to Robbins Dry Dock and Repair Company for repairs on August 30th. There the gears having broken teeth were replaced with new ones and the vessel was again in seaworthy condition.

On May 27, 1933, the libellant filed its libel in the District Court for the Eastern District of New York and it was duly served upon the respondent which did not, however, file any answer. Instead, the parties entered into a stipulation to bear the total amount of the damages caused by the...