Skibs Aktieselskapet Orenor v. The Audrey

• Decision Date: 18 March 1960
• Docket Number: No. 7821,7820.,7821
• Citation: 181 F. Supp. 697
• Court: U.S. District Court — Eastern District of Virginia
• Parties: SKIBS AKTIESELSKAPET ORENOR, as owner of THE Steamship MOISIE BAY, and Tankore Corporation, Libellants, v. THE Steamship AUDREY, her engines, boilers, etc. and Constantine G. Gratsos, her owner, Respondents. THE Steamship AUDREY, her engines, boilers, etc. and Constantine G. Gratsos, her owner, Libellants, v. SKIBS AKTIESELSKAPET ORENOR, as owner of the Steamship Moisie Bay, Respondents.

181 F. Supp. 697

SKIBS AKTIESELSKAPET ORENOR, as owner of THE Steamship MOISIE BAY, and Tankore Corporation, Libellants, v. THE Steamship AUDREY, her engines, boilers, etc. and Constantine G. Gratsos, her owner, Respondents.

THE Steamship AUDREY, her engines, boilers, etc. and Constantine G. Gratsos, her owner, Libellants, v. SKIBS AKTIESELSKAPET ORENOR, as owner of the Steamship Moisie Bay, Respondents.

Nos. 7821, 7820.

United States District Court E. D. Virginia, Norfolk Division.

February 10, 1960.

Supplemental Opinion March 18, 1960.

Vandeventer, Black & Meredith, Braden Vandeventer, Jr. and Hugh S. Meredith, Norfolk, Va., Kirlin, Campbell & Keating, John F. Gerity and Wm. E. Fuller, New York City, for Moisie Bay, her owners, and Tankore Corp.

Jett, Sykes & Coupland, R. Arthur Jett, Norfolk, Va., Burlingham, Hupper & Kennedy, Eugene Underwood and H. Barton Williams, New York City, for Audrey and owner.

WALTER E. HOFFMAN, District Judge.

At approximately 2021 (Moisie Bay bridge time¹) on March 24, 1957, during darkness and clear weather, with visibility good, wind moderate, and tide ebb, the Moisie Bay and Audrey collided in the vicinity of the approach to the Maryland Pilot Station off Cape Henry, Virginia. In separate proceedings consolidated for trial we have for consideration the determination of liability for damages occasioned by the impact.

The Moisie Bay is a Norwegian vessel which, at the time stated, was under charter to Tankore Corporation. As a combination oil and bulk ore carrier constructed in 1955, she is 638 feet in length and 80.4 feet in beam. She has a steam turbine engine driving a single propeller to a sea speed of 14½ to 15 knots with the propeller turning approximately 103 RPM. On the night of the collision the vessel was en route from San Juan, Peru, to Baltimore, Maryland, laden to a deep draft by approximately 22,699 tons of iron ore.

The Audrey flies the flag of Greece and is a Liberty type vessel, approximately 442 feet in length and 56 feet 10 inches in breadth. Her power is a steam reciprocating engine driving a single propeller to a sea speed of about 11½ knots. On the night of the collision the vessel was on a voyage from Hampton Roads, Virginia, to Denmark, laden by approximately 9,203 tons of coal.

The two vessels were on converging courses, each crossing the path of the other in such a manner that the green side light of the Audrey was off the port bow of the Moisie Bay, and the red side light of the latter bore broad on the star-board bow of the Audrey. The burdened vessel was, therefore, the Audrey, charged with the duty of slowing, stopping, or reversing her engines, if necessary, to avoid crossing ahead of the Moisie Bay. 33 U.S.C.A. §§ 204, 207, 208; Steering and Sailing Rules for Inland Waters, arts. 19, 22, 23. The Moisie Bay, as the privileged vessel, was required to keep her course and speed. 33 U.S.C.A. § 206; Steering and Sailing Rules for Inland Waters, art. 21.

Prior to 1930 the Moisie Bay was approaching sea buoy "2CB", slightly southeast of Chesapeake Bay Pilot Station off Cape Henry, at full sea speed on a course of 298° gyro and true. Navigational lights were set and burning brightly. Her master and second officer were on watch and, along with the wheelsman, were on the bridge. A lookout was posted on the flying bridge. At 2000 all but the master were relieved from their duties and a new watch took over. The third officer relieved the watch officer (second officer) but the latter remained on the bridge. The Maryland Pilot Boat had previously been contacted by radio and the Moisie Bay was instructed to report again upon passing buoy "2CB". Upon reaching this point at approximately 1944, the Moisie Bay was directed to rendezvous for her Maryland pilot near buoy "2A". At this time, when buoy "2CB" bore 044° true, 0.6 miles by radar, the course was changed from 298° to a heading of 315° by gyro to make good a course of 314° true in the direction of buoy "2A".

From this point the Moisie Bay approached the Pilot Station. That there were reductions in speed is conceded as it was necessary to do so in order that the pilot could board the vessel at the rendezvous point. The Audrey knew that the Moisie Bay was inbound headed northwesterly. She noted the exchange of Morse signal lights between the Moisie Bay and the pilot vessels. By taking bearings, the chief officer of the Audrey observed that the Moisie Bay was reducing her headway.

At 2010 there were indications from the plotted observations that the Moisie Bay was experiencing a set to the westward. To compensate for this set, the compass heading was placed on 323° gyro, thus enabling her to make a basic course of 314° to the rendezvous point near buoy "2A".

The alert to "stand by" was received by the engine room of the Moisie Bay at 2001. Four minutes later her speed was reduced to full-ahead harbor maneuvering speed of 11 knots, 65 RPM. At 2010, as noted, she changed her heading 8° to the right. Three minutes thereafter she reduced to half-speed, 8 knots, 40 to 45 RPM, and at 2014 she reduced further to slow-ahead, 6 knots, 30 to 35 RPM. At 2016 she reduced to dead-slow-ahead, 2½-3 knots, 20 RPM. About two minutes prior to the impact, she went full astern and gave three short blasts of her whistle. The clock in the engine room revealed, after the collision, a variation of one minute with bridge time; the latter being faster than the engine room.

The Moisie Bay first sighted the navigation lights of a vessel, which later turned out to be the Audrey, at about 2000, at which time the Audrey was slightly in excess of 7 miles away to port, coming out of the channel from Norfolk and heading to sea. At 2010 the navigation lights of the approaching vessel were observed as she was drawing away from the pilot launch, at which time she started a course crossing that of the Moisie Bay. When the Audrey was observed at 2016, she appeared to be about one mile off the port bow of the Moisie Bay with no apparent indication of change of course or speed. At or about that time, the master of the Moisie Bay was advised that the Audrey was 0.6 miles distant by radar. At 2018 the Audrey sounded three short blasts of her whistle indicating that her engine was full-speed astern when she was about 45° on the port bow of Moisie Bay. In another 45 seconds or so, the Audrey sounded a second signal of three short blasts, but in the interim was only one-quarter mile off the port bow of the Moisie Bay. At that point the master of the Moisie Bay put the engines full-speed astern and sounded three short blasts at 2019. The Audrey then sounded two short blasts; the Moisie Bay responded in like manner; and, a few seconds prior to the collision, the Audrey again sounded three short blasts. During the final minute prior to the collision the Moisie Bay lost steerageway and would not respond to her rudder.

When the collision occurred at 2021, Moisie Bay bridge time, the vessel had little or no headway. The Audrey struck the port bow of the Moisie Bay at an approximate angle of 90°; the bow hitting between the stem and anchor windlass, passing through the starboard side, and causing the bow of the Moisie Bay to swing to starboard. The Audrey drifted slowly down the port side of the Moisie Bay. Three minutes after the collision, the Moisie Bay went half-ahead under hard left rudder in order to avoid shoal water nearby. The Maryland pilot boarded the Moisie Bay at 2035, and the vessel thereafter proceeded to Baltimore.

The credible evidence supports the contentions of the privileged vessel. The testimony likewise conclusively establishes that the engine log book of the Audrey was fabricated. Manifestly, the page of the original entries for March 24, 1957, in the Audrey's rough engine log book had been removed and presumably destroyed, and in its place appeared a new page of entries on both sides. The log book consists of a number of double-page sheets, printed on both sides to form four pages, and bound in the middle with three staples. When folded from the middle, the book is complete. It is obvious that pages may be removed and replaced with little or no difficulty.

At first blush the continuity of dates before and after the collision would not disclose any irregularity without the aid of a handwriting expert. But when we examine the corresponding pages of the double-page sheet it is clear that a deliberate fraud has been perpetrated. Entries between December 6, 1956, and December 31, 1956, are missing. On December 6, 1956, it is noted that entries were made for sea steaming watches from Portland to Japan, and, on the following page dated December 31, 1956, from Japan to Canada. The Audrey argues that engine log entries are only made while entering and leaving port, and that a record is not maintained while in port except while the vessel is maneuvering. In answer, it is said that the routine revolution counter readings normally recorded at the end of the sea passage when the pilot boards, and again recorded at the commencement of the outbound voyage when the pilot departs, are both missing. These entries, if made, would have appeared on December dates in the forward part of the sheet which, when the same sheet is continued, would include the entries of March 24, 1957, in the latter part of the book.

The fraudulent acts are buttressed by the testimony of a handwriting expert (Hilton) who has pointed to certain embossed impressions on the page dated March 22, 1957, and the absence of such impressions on the page now dated March 23, 1957, which latter page would normally reveal the results of any heavy writing on the opposite side of the page dated March 22, 1957. Nor is the Court impressed with the suggestion that engine movement orders may have been written on scraps of loose paper and thereafter copied into the log book following the collision. The evidence presented by the Audrey points to the fact that all entries on March...