Oregon-Washington Bridge Co. v. The Lew Russell, Sr.

This appeal is taken by the libelant, Oregon-Washington Bridge Company, from a decree in admiralty that its libel against the respondents, Russell Towboat and Moorage Company and Russell Family, Inc., be dismissed and that the respondent, Russell Family, Inc., which had filed an inter vening libel, recover from the libelant the sum of $3,306.11 for injury to a crane belonging to Russell Family, Inc. The libelant is owner of a bridge crossing the Columbia River at Hood River, Oregon; the respondent Russell Towboat and Moor-age Company is claimant of the tug, “Lew Russell, Sr.”; and the respondent Russell Family, Inc. is claimant of Crane Barge No: 25 and intervening libelant against the Bridge Company. The appellant contends that the district court erred in holding that libelant’s negligence was the cause of the damage resulting from the collision of the tug and barge with the bridge, and that the respondents were not negligent.

The Hood River bridge was opened in 1924. It had no lift span originally, but when Bonneville Dam was built a few miles downstream, the level of the Columbia River was raised to such an extent that it became necessary to have a lift span. Such was built in…