United States v. The Adrastus

• Citation: 88 F. Supp. 436
• Decision Date: 07 February 1949
• Docket Number: No. A140-29 and A140-235.,A140-29 and A140-235.
• Parties: UNITED STATES v. THE ADRASTUS et al. OCEAN S. S. CO., Limited, v. UNITED STATES. THE GEORGE WESTINGHOUSE.
• Court: U.S. District Court — Southern District of New York

88 F. Supp. 436

UNITED STATES v. THE ADRASTUS et al.

OCEAN S. S. CO., Limited, v. UNITED STATES.

THE GEORGE WESTINGHOUSE.

Nos. A140-29 and A140-235.

United States District Court S. D. New York.

February 7, 1949.

John F. X. McGohey, New York City (Edward R. Downing, Special Atty., Brooklyn, N. Y., of counsel), for libelant and cross-respondent.

Haight, Griffin, Deming & Gardner, New York City (John W. Griffin and David L. Corbin, New York City, of counsel), for respondent and cross-libelant.

JAMES ALGER FEE, District Judge.

This is a suit in admiralty which arises out of a collision between the steamers Adrastus and George Westinghouse, off Nova Scotia in the North Atlantic, during the early morning of January 16, 1944. Cross libels have been filed for the collision. The Adrastus sustained some damage to her bow, and the Westinghouse had a hole in her starboard side and suffered some loss of cargo. There are mutual charges with faults in regard to lookouts, speed, lights, whistles and failure to follow prescribed route. The Adrastus charges Westinghouse attempted to cross The Adrastus' bow and failed to reverse or pass under The Adrastus' stern. Each vessel denies the charges of the other. The Adrastus also pleads limitation of liability statutes.

The Adrastus is a British steamer, which was a part of a large convoy crossing the North Atlantic. Some time about noon, January 15, she was detached with orders to proceed without escort at full speed to St. John, New Brunswick, through 43° 15'N and 66° 30'W. Her course in daylight was zigzag, and at night she was blacked out. She was carrying out these orders at the time of the collision. No intimation had been given to Adrastus that a convoy was in her course.

The George Westinghouse was a liberty ship under the United States flag. She was proceeding in a two ship convoy from St. John, New Brunswick, to England by Halifax, Nova Scotia. At night she was blacked out. The Commodore Elk Island Park was the starboard ship, and The Westinghouse was port vessel. The convoy was escorted by the corvette Bayfield, owned by the Canadian Government. The Westinghouse had three lookouts, who were stationed on the bow, the forward gun tub and the flying bridge. There were also lookouts on the port and starboard quarters. The second mate was on the starboard wing of the bridge. The speed of The Westinghouse was about ten and one-half knots.

The Westinghouse had received written and oral naval control routing instructions from the Canadian Navy at a conference in St. John, which directed the convoy to proceed through certain positions. There is a conflict in testimony as to the exact position of the collision and a debate as to whether the convoy passed through Point "O".¹ The more credible view is that, according to instructions from the Bayfield and the Commodore, The Westinghouse altered course at 9:00 p. m.² to 90° true, and that she did not pass through position "O", that at 2:00 a. m., just before the collision, the course was altered to 52° to avoid a westbound convoy. The secret log book and the message book of The Westinghouse were not produced at the trial, and no satisfactory explanation is given for their absence.

The Adrastus was proceeding at a speed of fourteen and one-half knots. Her second officer, extra third officer and helmsman were on her bridge. There was a lookout on the monkey island, but there was none on the bow. Gunners were stationed as aft lookouts on the stern.

The weather was dark and overcast, wind north-northeast, force 3, accompanied by a slight sea. There is a dispute as to the amount of snow. The court finds that a light snow was falling generally at about the time of the collision and that there were snow squalls. At about 1:57 a. m., the Commodore Elk Island Park displayed navigation lights and flashed signal lights for change of course. About three minutes later, the second stage of course change followed. Thereafter The Westinghouse was on the designated course of 52° true. The Elk Island Park was about 2 points forward of the starboard beam and probably one-half mile distant. The Commodore's lights were burning until after the collision. After the turn, to decrease distance from the Commodore, The Westinghouse changed course to 62° true. At about 2:20 a. m., the mate on the starboard wing of the bridge observed an unidentifiable shape bearing about 2 points on the starboard bow at a distance which he could not estimate. The bow lookout sighted this object and tried to telephone the bridge. The telephone bell rang, but it was unanswered. The mate turned on the navigation lights at full brilliancy as soon as he was sure that the loom was not that of the Commodore. The mate came out on the bridge again and, being unable to determine the heading of the object, observed, ran again into the wheel-house and sounded five short blasts on the ship's whistle and returned to the starboard wing of the bridge. The engine of The Westinghouse was placed full astern, but this had no appreciable effect before the ships struck.

On The Adrastus just before the collision, the second officer, who was on watch on the port wing of the bridge, crossed to the starboard wing to speak to the extra third officer stationed there. While the officers were talking, nothing having been seen by them and nothing having been reported by the lookout on the monkey island, the stern gunner telephoned and was answered by the second mate. He reported sighting a white light on the port quarter and a green light on the port bow. The extra third officer looked back to see what the lookout had sighted, and saw the lights of The Elk Island Park. As the second officer went to answer the telephone, the extra third officer rushed across the wheel-house to the port side. This occupied about five seconds. He saw the loom of The Westinghouse about two seconds later after he had changed stations. He testified that she was at that time unlighted. He ordered the helm hard astarboard. Immediately after, he saw the lights of The Westinghouse come on. While the telephone conversation was going on between the second officer and the gunner, the lookout saw the light on the port bow. An order of full astern was given, but was never executed.

The Bayfield, which was a mile and a half away, picked up The Adrastus on the radar some minutes before the collision, but gave no signals and did nothing to prevent the accident.

Within a time certainly less than a minute and variously estimated at 25, 30 and 40 seconds, the two ships struck at an angle of about 38 degrees on their original courses.

There was an elaborate and efficient system of routing ships across the Atlantic during these perilous times. Orders were given in such a way that the courses would not cross and an opportunity for the various escape measures could be employed. The orders to the convoys were positive and had the effect of law. However, ships were not relieved from the duty to have regard for their own navigation as far as consistent with such safety precautions. The Adrastus is therefore absolved for running zigzag courses in daytime and blacked out, full speed ahead at night, even in fog or snow. Similarly, The Westinghouse is absolved from a failure to follow the designated course given on land inasmuch as the deviation was ostensibly made in order to avoid a westbound convoy, of which these vessels had been advised. In any event, The Westinghouse was bound to obey the directions received from the Commodore and cannot be held responsible for that. Likewise, she is absolved for proceeding blacked out and at full speed, even in snow.

Therefore, neither of the vessels can be held at fault until we come to appraise the conditions immediately preceding the collision. Certainly, neither can be held responsible...