The Mt Standard Oiler Her Engines, Tackle, Apparel and Appurtenances, and Standard Oil Company of California, a Corp. v. Hamburg-America Line, a Corp.

396 F.2d 115 The MT STANDARD OILER her engines, tackle, apparel and appurtenances, and Standard Oil Company of California, a Corp., Appellant, v. HAMBURG-AMERICA LINE, a Corp., Appellee. No. 21551. United States Court of Appeals Ninth Circuit. January 11, 1968. Rehearing Denied February 23, 1968. William R. Buxton (argued), Pillsbury, Madison & Sutro, S. J. Madden, Thomas E. Haven, Gordon L. Graham, San Francisco, Cal., for appellant. Walter M. Schey (argued), Graham, James & Rolph, San Francisco, Cal., for appellee. Before CHAMBERS, POPE and HAMLEY, Circuit Judges. POPE, Circuit Judge. 1 This proceeding arose out of a collision in Suisun Bay between the M/V "VOGTLAND", a German Flag vessel of the Hamburg-America Line, a corporation, and the M/T "STANDARD OILER", owned by the Standard Oil Company of California. 2 Suisun Bay can be described as a lower extension of the Sacramento River and San Joaquin River, tributary to San Pablo Bay and San Francisco Bay. 1 The Standard Oiler was enroute to Antioch on the San Joaquin River in the direction of Stockton and the Vogtland was enroute from Stockton to Oakland. At the time in question the Coast Guard had established a temporary…

This proceeding arose out of a collision in Suisun Bay between the M/V “VOGTLAND”, a German Flag vessel of the Hamburg-America Line, a corporation, and the M/T “STANDARD OILER”, owned by the Standard Oil Company of California.

Suisun Bay can be described as a lower extension of the Sacramento River and San Joaquin River, tributary to San Pablo Bay and San Francisco Bay. 1 The Standard Oiler was enroute to Antioch on the San Joaquin River in the direction of Stockton and the Vogtland was enroute from Stockton to Oakland. At the time in question the Coast Guard had established a temporary 300 foot wide *117 channel in a portion of the Bay extending east and west and marked by two temporary buoys, designated as 18A and 19A, lighted and flashing red and green respectively. These markings and the location of the 300 foot channel are indicated on the rough sketch attached hereto.

*118 The collision occurred during the evening of October 31, 1963, within this marked channel to which all traffic through the Suisun Bay was confined. In the action below each party charged the other with fault as the proximate cause of the collision. The trial court found that the Standard Oiler and its…

ON PETITION FOR REHEARING

Appellee has moved for a rehearing basing the motion in large part upon an alleged defect in the diagram which was made a part of our opinion. It may well be that our picturization of the VOGTLAND in the diagram was mistaken in showing it wider than it actually is. In an appendix to the motion the appellee undertakes to correct that fault in our drawing. A recheck of the distances satisfies us that we showed the Vogtland wider than it actually is but the appellee’s diagram shows it too narrow.

Our opinion did not purport to assert that it would be impossible for the two vessels to pass in the 300 foot channel. What we purported to say was that as the situation appeared to the STANDARD OILER such a passage would have seemed to be unsafe particularly because of the angle at which the Vogtland was approaching the passage and particularly because of the speed at which it was proceeding. From the position of the Standard Oiler all that would be visible of the Vogtland would be its starboard side. In describing what the Standard Oiler could see the width of the Vogtland would be immaterial.

If we accept as moré accurate the diagram of the appellee, we still…