Takachiho Shosen Kabushiki Kaisha, Ltd. v. Wilmington Transp. Co.

This appeal involves liability for a collision between the Japanese motorship Koyei Maru and one of three scows in tow of the tug David P. Fleming in the international waters just outside of San Pedro Harbor, California.

The owner of each vessel libeled the other, and, in addition, cargo interests on the Japanese freighter libeled the tug. The court found the Koyei Maru solely at fault and decreed accordingly. On her appeal the Koyei Maru urges: (1) That the Fleming be found solely at fault; or (2) in any event, in contributive fault, and the damages divided.

The Koyei Maru is a 10,000-ton, 450-foot over-all vessel, capable of 15 knots at full ahead. At 2:04 a. m., the night being clear, but with a murky horizon, she was proceeding southeasterly out of Los Angeles Harbor at a speed of 10 knots.

Proceeding southerly and extending as a network across the mouth of the harbor and about a half mile from the entrance were the Fleming and her tow of three scows. The area covered by tug and tow was the sum of the tug’s length, 75 feet; 1,200 feet to her first barge, 110 feet in length; then 600 feet to the next barge, 130 feet in length; and then 600 feet to the last barge, 110 feet in…