Wilson v. Pacific Mail Co Pacific Mail Co v. Wilson, s. 146

• Decision Date: 09 April 1928
• Docket Number: 173,Nos. 146,s. 146
• Citation: 276 U.S. 454,1928 AMC 740,48 S.Ct. 369,72 L.Ed. 651
• Parties: WILSON et al. v. PACIFIC MAIL S. S. CO. et al. PACIFIC MAIL S. S. CO. et al. v. WILSON et al
• Court: U.S. Supreme Court

276 U.S. 454

48 S.Ct. 369

72 L.Ed. 651

WILSON et al.

v PACIFIC MAIL S. S. CO. et al.

PACIFIC MAIL S. S. CO. et al.

v. WILSON et al.

Nos. 146, 173.

Argued Jan. 6, 1928.

Decided April 9, 1928.

Mr. Louis T. Hengstler, of San Francisco, Cal. (Mr. Frederick W. Dorr, of San Francisco, Cal., on the brief), for Wilson and others.

[Argument of Counsel from page 455 intentionally omitted] Messrs. Farnham P. Griffiths, Edward J. McCutchen, and Warren Olney, Jr., all of San Francisco, Cal., for Pacific Mail S. S. Co.

[Argument of Counsel from pages 456-458 intentionally omitted] Mr. Justice McREYNOLDS delivered the opinion of the Court.

Twelve miles off the shore of California, 9:53 a. m., November 29, 1922, sky clear, sea smooth and uninterrupted, the Newport, an iron passenger steamer 337 feet long-2,643 tons-drove her prow amidships into the port side of the Svea, a wooden lumber steam schooner of 618 tons and 170 feet long. Both vessels were seriously injured. The owners of the Svea libeled the Newport, her owners and master, in the District Court, Southern District of California. They charged that the collision resulted from the sole fault of the Newport and her navigators and asked for full damages. A cross-libel admitted fault, but claimed that the other vessel contributed and prayed for application of the half-damage rule.

The trial court concluded that the collision resulted solely from the gross negligence and plain fault of the Newport and granted a decree against her and the master-McKinnon-for all established damages. The Circuit Court of Appeals held there was mutual fault, divided the damages, and definitely declared that under the approved rule the master was responsible for the negli- gence of subordinates without regard to his personal fault.

Counsel for cross-petitioner McKinnon earnestly maintain that considering present conditions of navigation the master, when free from fault, ought not to be held liable for the action of others. But it is unnecessary now to discuss that question.

Here the record fails to disclose that the master met the exacting duties voluntarily assumed. An amazing casualty occurred while he commanded, and presumably, at least, he participated in the admitted fault of his ship. Certainly, nothing short of very clear evidence of intelligent care could possibly absolve him.

The day was fine; the horizon ten miles away. The Newport was proceeding eastward at nine knots with the Svea off her starboard side steaming northward at eight knots. They were approaching each other upon crossing courses and in full view for more than half an hour. Twenty minutes before the collision Capt. McKinnon quit the bridge of the Newport, leaving the third officer in charge. Of this subordinate he testified: 'This young man was just keeping his first watch on ship; he just shipped the day before, and was making his first voyage.' When upon the witness stand the captain failed to show what, if any, directions he gave, or that he took reasonable precaution to insure proper navigation in circumstances of obvious danger. He gave no excuse, nor did he indicate any necessity for leaving the bridge. It is impossible for us to say that he acted prudently.

The International Rules for Navigation at Sea (Act 1890, c. 802, 26 Stat. 327, Act 1894, c. 83, 28 Stat. 82; U. S. C. tit. 33, §§ 104, 106, 112, 121, p. 1055 (33 USCA §§ 104, 106, 112, 121; Comp. St. §§ 7858, 7860, 7866, 7868)) direct:

'Art. 19. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other.'

'Art. 21. Where, by any of these rules, one of two vessels is to keep out of the way the other shall keep her course and speed.

'Note.-When, in consequence of thick weather or other causes, such vessel findings herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will best aid to avert collision.

'Art. 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

'Art. 29. Nothing in these rules shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect...