American-Hawaiian S. S. Co. v. Western Transp. Co.

A collision between two ships on the Willamette River resulted in the filing of a libel and cross-libel to fix the responsibility for the accident. The district court found both vessels negligent and decreed an equal division of damages. Both appeal, each protesting its own innocence of fault.

The Barry K was a stern wheel river boat owned by the Western Transportation Company. She was 190 feet long, extended about 35 feet above the water line, drew less than 3 feet of water. In the early morning of February 1, 1941, a clear night with little wind, she was proceeding at about 6 miles an hour up the eastern or left side of the Willamette River. Two barges, each drawing as loaded 4 to 5 feet, were lashed one to her bow and one alongside. At the same time the Pennsylvanian, owned by the American-Hawaiian Steamship Company, was making her way downstream at about 8 miles an hour. She was an ocean-going steamer 430 feet long overall and drew as loaded about -9 feet.

The vessels sighted each other, when approximately a' mile apart, in the vicinity of the Post Office ¿Bar, where the river makes a long easy curve. At that point the river is 1200 feet wide with a 30-foot dredged…

(concurring).

I agree with the holding of the opinion. I think, though, that where, as in this case, the essential bulk of the testimony was heard by the trial court, the rule to be applied on appeal should be the same in admiralty as in other cases, namely, that the findings are not to be disturbed unless clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.