City of Portland, a Municipal Corporation v. Luckenbach Steamship Company, Inc., a Corporation, and the Ss Marine Leopard

We are here concerned with the collision of the “Marine Leopard”, a large cargo vessel of Luckenbach Steamship Co., Inc., respondent, cross-libellant and appellee, with the boom of a gantry crane owned and maintained by the City of Portland, Oregon, libellant-appellant, on its municipal paving dock along the Willamette River at Portland.

We list seriatim pertinent facts most of which are undisputed:

1. The collision occurred in daylight late on the afternoon of June 22, 1952. The day was clear.

2. At Portland, the Willamette River flows from south to north. The docks with which the case is concerned parallel the river along its east bank, and ships tie in parallel to the docks and the river. The Luckenbach dock is upstream or south of Portland’s paving dock. The two are adjacent but not contiguous.

3. The function of Portland’s gantry crane is to unload gravel from barges. The crane travels on a track on the dock and parallel to the river. When the boom of the crane is up it would be difficult to see how it could obstruct anything moving in the river. When the boom is down it extends 50 feet over the river or 35% feet beyond the established harbor line and over or above…