Tacoma Mill Co. v. The Blue Jacket

• Decision Date: 14 July 1888
• Citation: 3 Wash.Terr. 581,19 P. 151
• Parties: TACOMA MILL CO. v. THE BLUE JACKET. MILLS v. THE TACOMA.
• Court: Washington Supreme Court

19 P. 151

3 Wash.Terr. 581

TACOMA MILL CO. v. THE BLUE JACKET.

MILLS v. THE TACOMA.

Supreme Court of Territory of Washington

July 14, 1888

Appeal from Third district court.

Libel by the Tacoma Mill Company against the ship Blue Jacket, her tackle, apparel, and furniture, and F. F. Percival, claimant. There was a cross-libel by D. O. Mills against the steam-tug Tacoma, etc. There was a judgment for the Tacoma Mill Company, and the claimant Percival appeals.

McNaught, Hanford & McGraw, for appellant.

Struve, Haines & McMicken, for appellee.

LANGFORD, J.

In this case the appeal is from both the findings of fact and the conclusions of law thereon. There is no contention but that the conclusions of law of the district court were correct if the findings of fact were correct, but the sole contention is that the district court erred as to its findings of fact, and hence that conclusions of law predicated on such erroneous findings of fact were wrong; but only because the findings of fact were wrong. As this court refinds the facts as the district court found them, (with the additional findings requested by the proctor for the appellants hereunto attached, and adopted by this court,) all contention ceases except as to the error of fact. The only opinion, therefore that could be written in this case, that would be germane to the question raised, would be an opinion which would give reasons as to why the findings of fact are correct deductions from the evidence. Such could not be useful or necessary, and hence no attempt will be made to give reasons for the findings of fact; but these findings of fact and conclusions of law thereon are all the decision which the case requires and they are as follows:

"FINDINGS OF THE SUPREME COURT.

"This cause having been heard upon the pleadings and proofs herein upon appeal from the district court of the Third judicial district of Washington Territory, holding terms at Seattle, to the supreme court of said territory, and due deliberation being had, the supreme court aforesaid being duly advised in the premises, finds: (1) That the libelant the Tacoma Mill Company, is, and at all times mentioned in the pleadings in this cause was, a corporation organized and existing under the laws of the state of California, and duly authorized to do business in the territory of Washington. (2) That said libelant, before and at the time of the collision mentioned in these findings, was, and still is, the owner and proprietor of the steam-tug Tacoma, with her steam-engines, boilers, machinery, tackle, apparel, and furniture, which said steam-tug said libelant used in towing vessels from, to, and between the various ports of Puget sound and the Pacific ocean, on the waters of Puget sound, and the straits of Fuca, and through the waters tributary and adjacent thereto, and where she was regularly run daily and every day, except Sunday, for the purposes aforesaid. (3) That on the 11th day of June, 1885, at the hour of about two o'clock in the morning of said day, said steam-tug Tacoma, with her steam-engines, boilers, apparel, tackle, and furniture on board, was towing the bark Colusa, of the port of Boston, of about twelve hundred tons burden, then and there lumber laden, and bound upon a voyage to San Francisco, Cal., from the port of Port Townsend, in said territory of Washington, to Cape Flattery; and the said steam-tug, with said tow, was then about four miles to the north of Ediz Hook light, in the straits of Fuca, steering west-south-west, one-half west, and moving along a path west, one-half south, at the rate of about two miles per hour by the land. (4) That at that time, and up to the time when said ship put her helm hard a-starboard, as hereinafter mentioned, said bark was being towed by said tug by means of a hawser about one hundred and fifty fathoms in length, and from the stem of the said tug to the stem of said bark the distance was about seven hundred and fifty feet, and during all of the times mentioned herein said bark was steering the same course as said tug. (5) That at that time, and during all times up to the collision hereinafter mentioned, the weather was cloudy, the air was clear, and a fresh breeze was blowing from the west-south-west, and the tide was flooding, running up the straits of Fuca at the rate of three miles per hour from west-south-west, or west-south-west one-half west. (6) That said steam-tug, at that time, and up to the time of the collision hereinafter mentioned, was tight, staunch, strong, and in every respect well tackled, appareled, and appointed, and had the usual complement of officers and men, and was also, except as hereinafter found, well manned. (7) That said tug, at that time, and at all times herein mentioned, carried all the lights prescribed by law, and carried the same in the manner prescribed by law, and the same were at all of said times properly set and brightly burning. (8) That said bark Colusa at all times carried all the lights prescribed by the law, and carried the same in the manner prescribed by law, and the same were at all times properly set and brightly burning. (9) That at about ten minutes before two o'clock in the morning of said day, while said steam-tug was towing said bark Colusa at the place and in the manner hereinbefore stated, and steering on the said course, the ship Blue Jacket, of San Francisco, whereof F. F. Percival was then and there master, and being then on her way from said San Francisco to the port of Seattle, in the territory of Washington, was first sighted by the lookout of said tug, said ship then being about two miles distant from said steam-tug, and showing her red light about three-tenths of a point on the port bow of said steam-tug. (10) That the mean course of said ship, at all the times mentioned in these findings up to the time her helm was put hard a-starboard, was east-north-east, but her course was really along a swinging path deviating alternately to starboard and port, about one-half a point each way from said mean course, and crossing the same about every half mile, at intervals of about every four minutes, up to the time her helm was put hard a-starboard, as hereinafter stated, which was done when said ship was on the port side of said mean course. (11) That said ship was running with a fair wind and tide, and at all times up to the time of the collision was going ahead at the rate of about eight miles per hour by the land. (12) That said steam-tug was first sighted by the lookout of said ship about half an hour before said collision, and was then about one-half a point off the starboard bow of said ship, and five miles away from her, showing two white masthead lights to said ship at that time, and at all times, up to the time of said collision, the said tug steering at that time, and at all times until her helm was

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