THE TRILLORA II
| Decision Date | 15 December 1947 |
| Docket Number | No. 1024.,1024. |
| Citation | 76 F. Supp. 50 |
| Court | U.S. District Court — District of South Carolina |
| Parties | THE TRILLORA II. Petition of GUGGENHEIM. |
N. B. Barnwell, of Charleston, S. C., and Bingham, Englar, Jones & Houston, of New York City, for petitioner.
Wright & Burroughs, of Conway, S. C., and Augustine T. Smythe and Ben Scott Whaley, U. S. Atty., both of Charleston, S. C., for claimants.
The Yacht "Trillora II", a private pleasure craft, duly certificated and licensed, and powered and operated by gasoline motors, owned by Solomon R. Guggenheim, and whose home port was New York City, and more fully described in the findings of fact hereinafter referred to, was, in April 1942, taken out of commission and laid up for the duration of the war or for such other period as might be determined. Clarence Rothschild, an experienced business man who was employed by Guggenheim in the latter's New York office, was entrusted with the management and supervision of many of Guggenheim's personal matters, including those pertaining to the Yacht, The Yacht was sent to Bucksport, Horry County, South Carolina, and lay alongside of the wharf of the claimants Jessamine B. Richardson and D. V. Richardson, Jr.
Prior to June 25, 1946, acting on directions from the owner, the master of the vessel, Captain Gott, took steps to have the boat recommissioned, and had considerable overhauling and adjustment done throughout. Captain Gott was an experienced mariner, holding an unlimited master's license for steam and motor vessels. On June 25, 1946, in contemplation of moving the vessel, he directed that gasoline be taken aboard and the tanks filled. The starboard tank was filled when it was discovered that gasoline was escaping from the tank into the bilge. In addition to the main engines, the vessel was equipped with an auxiliary gasoline engine which was started by cranking, and the bilge pumps could be operated by it as well as by the main engines. Captain Gott cranked this auxiliary engine and immediately thereafter there was an explosion, the vessel caught fire, the fire was communicated to shore installations belonging to the claimants, the Richardsons, and also to certain property of the United States used by the Coast Guard, and these were damaged or destroyed. Captain Gott and an employee, Essie Mae Phillips, received injuries from which they died, and Sammie Phillips, another employee, received serious burns. The Yacht was sunk and is a total loss, and it is stipulated in this cause that there is no salvage therefrom.
Solomon R. Guggenheim, the owner, has by appropriate proceedings filed his petition for limitation of liability in accordance with Title 46 U.S.C.A. §§ 183-189. The Richardsons have filed their claim alleging considerable damage to their property by reason of the explosion and resulting fire, and the United States has filed a claim for the destruction and damage to certain Coast Guard property. No claims have been filed on behalf of those killed or injured. It is conceded that the Yacht was a total loss and that the sole question at present is whether the petition for limitation of liability should be granted. If that be done, the case is ended. If, however, it is held that the owner is individually liable, then the cause must proceed further to proof of the amount of damage and loss by claimants.
Chapter 8 of Title 46 of the United States Code provides for "Limitation of Vessel Owner's Liability." Title 46 U.S.C. A. § 183, subdivision (a) is as follows: "The liability of the owner of any vessel, whether American or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall not, except in the cases provided for in subsection (b) of this section, exceed the amount or value of the interest of such owner in such vessel, and her freight then pending."
The exception noted in the foregoing is not material to this cause since it applies only to seagoing vessels, and in subsection (f) it is provided that this term does not include pleasure yachts.
Under the same Title, Section 185 provides the method by which an owner may claim limitation of liability and is as follows: ...
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