Universal SS Co. v. American SS Co.

• Decision Date: 11 December 1926
• Docket Number: No. 3790.,3790.
• Citation: 16 F.2d 110
• Parties: UNIVERSAL S. S. CO. v. AMERICAN S. S. CO. et al.
• Court: U.S. Court of Appeals — Seventh Circuit

16 F.2d 110 (1926)

UNIVERSAL S. S. CO. v. AMERICAN S. S. CO. et al.

No. 3790.

Circuit Court of Appeals, Seventh Circuit.

December 11, 1926.

Thomas H. Garry, of Cleveland, Ohio, for appellant.

Harney B. Stover, of Milwaukee, Wis., for appellees Meyer and others.

Lawrence E. Coffey, of Buffalo, N. Y., for appellee American S. S. Co.

Before ALSCHULER, EVANS, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

While the steamer Spokane, owned by appellant, was lying moored to a dock in the Milwaukee river, the steamer Davidson was towed, stern first, through the river by two tugs, the Meyers, hitched stern to stern, and the Simpson, hitched bow to bow to the Davidson. In passing, the Davidson swung round and struck the Spokane, doing some damage. The appellant filed a libel against the Davidson for damages for the collision. The owner of the Davidson answered, admitting the collision, but denying responsibility therefor, alleging that she was in charge of the tugs when the accident happened, and by petition brought in the tugs under rule 56. The owner of the Davidson also filed its libel against the tugs, to recover damages sustained by it.

In appellant's libel it was alleged that those in charge of the Davidson's navigation were incompetent and reckless; that she did not have and maintain a sufficient and efficient lookout; that she did not take timely or any means to avoid collision, and was navigated in such manner that she was permitted to collide with the Spokane, properly moored at her dock.

The owner of the Davidson in its libel charged that the tugs were at fault, in that their masters and crews were incompetent and inattentive to their duties, that neither tug maintained a proper lookout, and that, after each should have observed that a squall was approaching, they continued ahead with the Davidson, knowing that the tug at her bow did not have sufficient power to hold her against a strong wind.

The owners of the tugs answered, denying the charges of fault alleged against them, and averring that the tugs were skillfully and prudently navigated, but that, as the bow of the Davidson was clearing a bridge, through which they were passing, a sudden, violent squall struck the side of the Davidson, and by its irresistible force carried her bow against the Spokane.

Upon these issues the cause was tried and the libels were dismissed.

The evidence fully covered the physical surroundings, the situation at the time of the collision, the...