Shaver Transportation Company, a Corporation v. Alaska Freight Lines, Inc., a Corporation

This is the second matter that has recently come before us involving a misadventure of appellant’s Tug Manzanillo. (See United States v. Tug Manzanillo, 9 Cir., 1962, 310 F.2d 220 ) It is a libel in personam for damages to appellee’s Tug Martin, occurring when the latter tug was swept against a pier of a bridge across the Columbia River while the two tugs were maneuvering a barge. Tug Manzanillo was found wholly l'esponsible. On appeal, its owner attacks the findings as to Manzanillo’s fault and Martin’s lack of fault as being clearly erroneous.

Our story begins with appellee’s barge Kevalaska, tied to the dock of the Ideal Cement Company on the north bank of the Columbia River, about 100 yards upstream from the upstream end of the “fender” of a railroad bridge across that river. The bow of the barge was pointed upstream. Tug Martin was lashed to the bow on the starboard side and headed downstream. Martin is a twin screw, ap parently known as a Miki Miki type, having two 600 horsepower diesel engines. The starboard engine had burnt out a bearing and was not usable. The port engine was in working order. The barge had been loaded with about 3400 tons of bulk cement in such a manner…