Tetterton v. Arctic Tankers, 461 of 1950.

• Decision Date: 24 August 1953
• Docket Number: No. 461 of 1950.,461 of 1950.
• Citation: 116 F. Supp. 429
• Parties: TETTERTON v. ARCTIC TANKERS, Inc., et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

116 F. Supp. 429

TETTERTON v. ARCTIC TANKERS, Inc., et al.

No. 461 of 1950.

United States District Court E. D. Pennsylvania.

August 24, 1953.

Freedman, Landy & Lorry, Philadelphia, Pa., for libellant.

Rawle & Henderson, Philadelphia, Pa., for respondents.

KIRKPATRICK, Chief Judge.

This is an action in admiralty brought by the administratrix of the estate of Fenner Tetterton, a seaman, to recover damages for his death. Tetterton, while mentally deranged, committed suicide on board the S. S. New London, owned by Arctic Tankers, Inc., and at the time operated under bareboat charter by United Tankers Corporation, through Mathiasen's Tankers Industries, as operating agent. The tort alleged is failure on the part of the responsible officers of the vessel to use due care to keep Tetterton from killing himself.

Tetterton, an oiler, had sailed with the New London to Europe and then back to Venezuela, to a small native settlement on the San Juan River, named Caripito, where there is a large oil refinery installation. If, during the voyage, he had shown any signs of insanity or mental disorder, it does not appear from satisfactory evidence that either the master or officers knew about it. While the ship was at Caripito he came to the master's quarters in an agitated state, weeping, and told the master that some person or persons on the ship were trying to hurt, or possibly kill, him. The master tried to quiet his fears and told him that he would give him a cabin to himself, amidships, having in mind a spare room, then occupied by the pilot.

The ship left Caripito on September 2 with a river pilot aboard. About noon she went aground on a bar near the mouth of the river, some six miles from Caripito, and did not free herself until about 3 o'clock on the morning of September 4.

At two o'clock in the morning of September 3, while the ship was still aground, Tetterton was reported missing from his watch. A fire and boat drill was called in the hope that he would show up, but without result. The ship was searched and he was found by the chief officer hiding in a narrow space underneath the blowers in the blower room near the bottom of the vessel. He told the chief officer that he was hiding because somebody on the ship was trying to "get" him. Following this occurrence he was placed in the hospital room.

He wandered away from the hospital room and on the night of September 3 was again reported missing. He was found the following morning hiding in a ventilator cowl. He again said that someone was out to get him. He named his brother-in-law, who was not on the ship, and said that he could not sleep.

By this time the pilot had left the ship and Tetterton readily agreed to go to the now vacant spare room. The master made a rather thorough search of the room, primarily to see whether anything had been left by the pilot. He also searched Tetterton's pockets and started to take his belt away but desisted when Tetterton, who was entirely willing to be confined, said he wasn't going to do anything.

After having chains placed across the porthole and locking the door, the master left Tetterton, who seemed only to want to get some sleep, in the room. The radio operator whose office was nearby was instructed to look in the porthole from time to time.

About 12 o'clock the radio operator reported Tetterton lying on the floor and when the master and chief officer, together with two or three seamen, opened the door of the room they found Tetterton with his throat cut and in a dying condition. He had used a razor blade, which was found on the floor the following day when the room was cleaned.

I have no doubt that from the time that the ship was at Caripito the master believed that Tetterton was insane, as that term is understood by laymen, and I so find. Although Tetterton's delusion had to do with his own safety and there is no evidence that the master knew of any threats of suicide, the master did know what laymen generally know, namely, that there is always danger that an insane person will harm himself. He plainly recognized this fact when he searched the room and Tetterton's pockets and when he proposed to take away the man's belt.

Where did the weapon come from? I think the evidence warrants a finding that when Tetterton entered the pilot's room he brought his personal belongings, including a shaving kit, with him in his duffel bag. It would be a natural thing for him to do, inasmuch as he was being transferred to new living quarters for an indefinite time. One of the seamen testified that when the room was entered the bag was there and that it had blood on it, indicating that it had been there when Tetterton cut his throat. I cannot...