United States v. Weyerhaeuser Steamship Company

This ease arises in admiralty upon a libel against the United States, and a cross-libel filed by the United States. The district court thus had jurisdiction under 28 U.S.C. §§ 1345 and 1346, and 46 U.S.C.A. § 782 . A final decree was entered below, and this court has jurisdiction under 28 U.S.C. § 1291 .

On September 8, 1955, appellee’s vessel, the S.S. F. E. Weyerhaeuser, collided with appellant’s vessel, the United States Army dredge Pacific, off the coast of Oregon. The trial court found that both parties were at fault and this finding is not challenged here. The accident caused significant damage to both vessels, and resulted in personal injury. Reynold Ostrom, an employee of the United States serving on the Pacific, recovered compensation from the United States in the amount of $329.01 under the Federal Employees’ Compensation Act ( 5 U.S.C.A. § 751 et seq.). Ostrom also recovered $16,000 from appellee by settlement. St. Paul Fire & Marine Insurance Company intervened claiming $19,122.75 as damages under its policy of marine insurance for its cargo general average contribution arising out of the collision, and Fireman’s Fund Insurance Company likewise intervened, claiming…