The Virginian

• Decision Date: 10 October 1914
• Docket Number: 1052.,1036
• Court: U.S. District Court — Western District of Washington
• Parties: THE VIRGINIAN.

217 F. 604

THE VIRGINIAN.

Nos. 1036, 1052.

United States District Court, W.D. Washington, Southern Division.

October 10, 1914

Huffer & Hayden, of Tacoma, Wash., for libelant.

Ballinger Battle, Hulbert & Shorts, of Seattle, Wash., for Strathalbyn S.S. Co., Ltd.

Bogle Graves, Merritt & Bogle, of Seattle, Wash., for respondent American-Hawaiian S.S. Co.

CUSHMAN District Judge.

On the night of January 12, 1912, between the hours of 7:30 and 8 o'clock, the British tramp steamer Strathalbyn, owned by the Strathalbyn Steamship Company, a corporation, and the American freight steamer Virginian, owned by the American-Hawaiian Steamship Company, were in collision on the waters of Puget Sound, at a point somewhere between Pully Point and Robinson Point, as a result of which both vessels and a portion of the lumber cargo aboard the Strathalbyn sustained damage.

The above consolidated causes arise from the said collision, and were brought by the above parties for the purpose of recovering damages sustained as the result of said collision. The causes come before the court at this time upon the libel of the Strathalbyn Steamship Company, as owner of the steamship Strathalbyn, and the answer and cross-libel of the American-Hawaiian Steamship Company, as claimant and owner of the steamship Virginian, and the answer of the Strathalbyn Steamship Company, Limited, as owner and claimant of the steamship Strathalbyn, to the cross-libel of the American-Hawaiian Steamship Company.

Subsequent to the filing of the above-named libel, cross-libel, and answers, the Strathalbyn Steamship Company, Limited, as bailee of cargo aboard the steamship Strathalbyn at the time of the collision, filed its libel against the steamship Virginian on account of damage sustained by the said cargo to which said libel the American-Hawaiian Steamship Company, as owner of the steamship Virginian, filed its answer and petitioned the court under Supreme Court admiralty rule 59, alleging that the said collision and consequent damage were caused solely by the fault of the steamship Strathalbyn, and asking that the said steamship Strathalbyn be seized to answer for the said damages, or that her owners be brought in as parties respondent to the said libel to answer for said damages, which petition was granted, and the Strathalbyn Steamship Company, Limited, as owner of the steamship Strathalbyn, filed its bond to answer for said damages, and filed its answer in the suit.

The parties hereto have stipulated that the consolidated causes should be submitted to this court for final determination upon the question of liability for the said collision, and should then be referred to a commissioner for the purpose of taking testimony as to damages, in accordance with this court's decision upon the question of liability.

As recovery is sought on behalf of each vessel for damage alleged to have been caused by the other, the facts must be determined without the usual aid from any rule as to the burden of proof.

Libelant contends the cause of collision was the fault of the Virginian in not keeping a proper lookout, and errors in navigation in not porting her helm when signaled to do so by the Strathalbyn, in not stopping and reversing her engines sooner, and in not giving a danger signal, if unable to see the lights of the Strathalbyn, after hearing the latter's passing signal.

The Virginian contends that the cause of collision was fault upon the part of the Strathalbyn, in that her lights were too dim to be seen, that her side lights were obstructed, so as not to be seen from ahead, that she had no range light, that she failed to stop and reverse her engines promptly upon receiving no answer from the Virginian to her passing signals.

A comprehensive statement or analysis of the mass of testimony taken will not be undertaken. The conclusion as to the effect of the testimony is deemed sufficient.

The Strathalbyn was a tramp steamer 387 feet long, with a 52-foot beam, having a full cargo of lumber, bound from Tacoma for Sydney, Australia. The Virginian was a freight steamer 492 feet long, with a capacity of 12,000 tons, carrying about 2,000 tons, on her way to Tacoma from Seattle to finish loading.

The point of collision was not over a mile and a half southerly from Pully Point, off which point the Flyer overhauled, signaled, and passed the Virginian to starboard, keeping off about 200 yards. This signal was answered by the Virginian, both of which signals were heard by the Strathalbyn, then approaching the Flyer and Virginian, having passed Robinson Point and being on a course opposite to that of the Virginian. The Flyer was making 14 knots an hour, the Virginian 11, and the Strathalbyn 6, or a little more.

A few minutes after this passing of the Virginian, probably not over five minutes, the Strathalbyn blew one whistle to the Flyer, requesting a passing port to port; the Flyer and Strathalbyn being not more than a mile apart. The captain of the Flyer, seeing two white lights on her and concluding that they were range lights, accepted the signal, answering with one whistle. Both of these whistles were heard by those then navigating the Virginian, but they testify they saw no lights on the Strathalbyn.

When the Strathalbyn was on the bow, or abeam, of the Flyer, she blew one whistle to the Virginian, which then must have been considerably less than a mile away, as it would take the Flyer 20 minutes to get a mile ahead of the Virginian. It was 3 minutes or more from this first whistle to the Virginian until the collision occurred.

The pilot and third mate of the Virginian, on the bridge, and the lookout, properly stationed, heard this whistle. The pilot realized-- as, under the circumstances, he could not well help-- that the whistle was from ahead and intended for the Virginian. None of these men were able to see any light, or make out the approaching Strathalbyn. It is testified that the Virginian's pilot then signaled for the stopping of the engines, hearing which signal, the captain of the Virginian, then below, came on the bridge, and was immediately informed of the reason for stopping the engines. A second single blast of the whistle was then heard from the Strathalbyn ahead. Still no lights or vessel being seen by any of those watching from the Virginian, it is testified, the engines were reversed, and, a minute or over after reversing, a danger signal--four blasts-- was heard from ahead. Still seeing nothing ahead, the captain of the Virginian gave three whistles to signify that his vessel was going full speed astern.

Within less than a minute, the boats came into collision, immediately prior to which the lookout and third officer on the Virginian saw a white light on the Strathalbyn. The Virginian immediately disengaged herself from the Strathalbyn, and, as they backed away, the port light of the Strathalbyn was seen aboard the Virginian. From the time of hearing the Strathalbyn's first whistle, those on the Virginian testify that her course was not changed, and that, not being able to make out the Strathalbyn or her lights, her whistles were not answered.

Those in charge of the navigation of the Strathalbyn testify that, when the Strathalbyn gave her first signal, a single blast, to the Virginian, the red and green lights of the Virginian were plainly visible, indicating that she was coming directly head on; that, as this signal was given, the helm of the Strathalbyn was ported a point or more; that, after waiting a minute and receiving no answer from the Virginian, her red and green lights being still visible, another single blast was blown, the helm again ported, and the engine stopped; that, as this signal was given, the red light of the Virginian began to shut out and her green light to open, indicating that, instead of going to starboard, as signaled, she was directed across the Strathalbyn's bow; that, after waiting a minute, the Virginian not answering and her red light still being hidden, the Strathalbyn blew another single blast, and a minute and a half later reversed her engines. The Virginian still coming on, giving no signal, no change in her course being observable, and collision being imminent, the Strathalbyn gave the danger signal, which was immediately answered by three whistles from the Virginian.

In spite of a discrepancy in the testimony as to the number of passing signals blown by the Strathalbyn before the danger signal-- two, as testified on behalf of the Virginian, and three, as averred by those on the Strathalbyn-- it is clear that three were given.

The faults alleged as to the lights of the Strathalbyn will be first considered, as first in point of time, and so affecting that which followed. The night was dark and cloudy, a good night for seeing lights. The wind was southerly, an advantage to the Virginian in hearing the whistles of the Strathalbyn. There was, at the place of the collision, plenty of room for, and no embarrassing element to, the navigation of either vessel, other than that produced by the conduct of the other.

The Strathalbyn was equipped with electric signal lights, but several days before she was ready for sea the dynamo was found out of commission and was not repaired prior to her departure. She was supplied with standard oil lamps and oil. The lamps were new two years before, when brought aboard, but there had never been occasion before to use them. The oil had been secured six months before. Several hours before leaving Tacoma, Quartermaster Taylor, as he testifies, carefully prepared and tested these lamps, put in new wicks and oil fresh from the tank, lighted them, and trimmed the wicks. This witness' testimony, if true, could have been corroborated in certain particulars, where it has not been...