THE CASSIMIR
| Decision Date | 30 September 1943 |
| Parties | THE CASSIMIR. THE LARA. Petition of CUBA DISTILLING CO. Petition of GRACE LINE, Inc. |
| Court | U.S. District Court — Southern District of New York |
Bigham, Englar, Jones & Houston, of New York City (Leonard J. Matteson and Andrew J. McElhinney, both of New York City, of counsel), for Cuba Distilling Co.
Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Eugene F. Gilligan, of New York City, of counsel), for Grace Line, Inc.
These are cross-petitions for exoneration from or limitation of liability (Secs. 4283, 4285 and 4289 of the Revised Statutes of the United States, Title 46 U.S. C.A. §§ 183, 185 and 188).
These proceedings, heard together, arose out of a collision at sea, off the North Carolina Coast, in the early morning of February 26, 1942, between the vessels mentioned.
The Cassimir, which had been abandoned shortly after the collision, sunk and, together with her cargo, became a total loss.
The Lara sustained some structural damage and put into Charleston, South Carolina, for a survey and repairs.
Cuba Distilling Co., Inc., filed its petition on August 20, 1942 and Grace Line, Inc., thereupon filed its claim for damages to the Lara and incidental expenses, and for contingent liability.
Grace Line, Inc., filed its petition on August 26, 1942.
Claims were thereupon filed by Cuba Distilling Co., Inc., as owner of the Cassimir and by the Defense Supplies Corporation, as owner of her cargo of molasses.
The Chief Officer and six members of the crew of the Cassimir lost their lives, and claims therefor were paid by the owner of the Cassimir under a stipulation that they might be claimed on behalf of the Cassimir's damages depending upon the determination of liability as to the proximate cause of such deaths.
Advocates for each party have submitted extensive briefs in which they have respectively analyzed and discussed a plethora of cited cases.
The primary issue presented is chiefly one of fact and not without considerable difficulty in its solution.
Cuba Distilling Co., Inc., is and was a New York corporation having its office at 60 East 42nd St., New York, N.Y., and was the owner and operator of the Steamship Cassimir, her engines, boilers, etc., a single screw vessel of American registry, built at Hog Island in 1920 as a Three Island freight steamer, later converted to a tanker, equipped with oil burning steam turbines located amidship; 390 ft. long, 54.2 ft. beam, 27.8 ft. depth of hold, of 5030 tons gross and 3105 net tons.
Grace Line, Inc., was, and is a Delaware corporation having its principal place of business at 10 Hanover Square, New York, N.Y., and was owner and operator of the S. S. Lara, a single screw steel freighter of American registry, and also of the Three Island type, equipped with triple expansion reciprocating engines; 314.10¼ feet overall length, 44 ft. beam, 22.9 ft. depth of hold; of 2987 gross tons and 1860 net tons.
Until the collision hereinafter mentioned each vessel was tight, staunch, fully manned, equipped and supplied, and in all respects seaworthy and fitted for the service in which she was engaged.
On or about Feb. 21, 1942, the Cassimir sailed from Santiago, Cuba, laden with a cargo of molasses, the property of Defense Supplies Corporation, organized under special statutory enactment of the United States, with its principal office in the City of Washington, D. C.
On Feb. 23, 1942 the Lara, loaded with a general cargo, departed from New York, N.Y. bound to Barranquilla, Colombia In accordance with instructions of the United States Navy, both vessels refrained from displaying any navigation lights and steered a course as had been previously directed by the naval authorities.
On the early morning of Feb. 26, 1942, the Cassimir proceeded in a northeasterly direction, passing Frying Pan Shoal Buoy at 12:27 a.m. (E.S.T.) Here Chief Officer was on watch together with an able seaman who was with him on the bridge, as lookout; another able seaman was at the wheel. She was steaming at about 11 knots per hour.
At 2:01 a.m. (E.W.T.) the Lara passed 3.8 miles off Point Lookout Shoal Buoy. The second mate was on watch on the upper bridge at the top of the wheel house. An able seaman was stationed on the bridge as lookout and another seaman was at the wheel steering. The vessel was making speed of a little better than 10 knots per hour.
The moon had recently set; the night was dark and partly cloudy; there was practically no horizon but visibility was good; there was a moderate sea and a westerly wind, force about 4-5 on the Beaufort Scale. Before either vessel sighted the other, immediately preceding the collision, they were approaching each other upon the same course, or nearly so.
It is clear from the testimony:
That the Cassimir first sighted the Lara and immediately put her helm to port which, according to the modern technique of navigation, directed her course to the left, and turned on her range and side lights, but blew no whistle.
Almost simultaneously the navigators of the Lara observed a dark object which later proved to be the Cassimir "approaching on a nearly opposite course." The range and green side light of the Cassimir were seen when she switched on her navigation lights. The wheel of the Lara was immediately put hard right but she blew no whistle to indicate her course.
Within the brief interval after these vessels sighted each other, and almost at the moment of the contact between them, the Lara sounded a danger signal and also gave a signal (three blasts) to signify that her engines were going full speed astern; then her navigation lights were switched on. The Cassimir answered with several short blasts and...
To continue reading
Request your trial
-
Nordling v. Gibbon
...the collision, in petitions for limitation of liability filed by both ships, both were held by this court guilty of fault. The Cassimir, D.C., 55 F.Supp. 822, affirmed Cuba Distilling Co. v. Grace Lines, Inc., 2 Cir., 143 F.2d The sole question involved is whether or not the loss of Lindber......