United States v. Emery H. Joyce

Joyce was employed as a pilot by the United States to maneuver its vessel, the S.S. Lindenwood Victory, from Pier 91 to Pier' 90 in the Seattle, Washington harbor. During this maneuver, the Thor, one of two tugs assisting in the operation, collided with the Lindenwood Victory, capsized and sank. In a separate lawsuit involving this collision, the Thor and the Lindenwood Victory were both held mutually at fault and, under the divided damages rule, the United States was required to pay the owners of the Thor $28,553.46. Puget Sound Tug & Barge Co. v. United States, 305 F.Supp. 570 (W.D.Wash.1969). The United States instituted this indemnity action against Joyce to recover the amount it was required to pay for damage to the Thor. The district judge, sitting in admiralty without a jury, found Joyce negligent and awarded judgment in favor of the United States. Joyce appeals and we affirm.

I. PACTS

In the move from Pier 91 to Pier 90, Joyce directed the tug Retriever to make up on the port bow of the Lindenwood Victory and directed the Thor to make up on the stern. There was no radio communication between Joyce and the Thor; Joyce was to use the ship’s whistle for signals to…