Luckenbach S. S. Co. v. Societa Anonima Partecipazioni Industriali Commerciali

On February 17, 1937 the American steamer Edward Luckenbach and the Italian motorship Feltre collided in the Columbia river at a point about four miles above Longview, Washington. As a result of the collision the Feltre sank to her main deck in the channel. She was thereafter libeled by cargo owners and sold under process.

Subsequent to the collision the owner and operator of the Feltre filed a libel in the court below against the Edward Luckenbach and her owner requesting damages sustained in the loss of the ship and her cargo. The owner of the Luckenbach thereupon petitioned for exoneration from or limitation of liability. There were claims and answers in the limitation proceeding on the part of the Feltre and cargo-claimants. A special master was appointed by the court to hear and report on all issues of fact and law involved. The master,, determining that the owner of the Luckenbach was entitled to limit its liability, found, that both vessels were at fault. Exceptions *87 were taken to the findings of the master, but these were approved by the court and all parties save the cargo claimants have appealed. The sole question presented is the responsibility for the…

I dissent.

An explanation of my reasons for disagreeing with the opinion of the majority requires a detailed examination of the facts. The collision between the steamship Edward Luckenbach and the motorship Feltre occurred at 1:40 on the morning of February 17, 1937, in the Columbia River at a point between Cottonwood Island and Prescott, Oregon, about four miles above Longview, Washington. The question at issue herein is the responsibility for the collision. The Commissioner held both vessels at fault and the owners of the Edward Luckenbach entitled to limit their liability. The district court approved and adopted the findings and entered an interlocutory decree. From this decree both sides have appealed.

*91 The Edward Luckenbach was owned by the Luckenbach Steamship Company, Inc., and the Feltre by the Societa Anónima Partecipazioni Industriali Commerciali.

The Societa Anónima Partecipazioni Industriali Commerciali and Navigazione Libera Triestina, S. A., the owner and operator of the Feltre, filed a libel against the Luckenbach Steamship Company, Inc., as owner and operator of the Luckenbach, and against the Luckenbach herself, to recover damages sustained by the Feltre and…