Portland Tug & Barge Co. v. Upper Columbia River Towing Co.

The Portland Tug & Barge Company, owner of the tug Star, Derrick Barge No. 10, and Barge No. 60, filed a libel against the Upper Columbia River Towing Company and the latter’s tug Megler to recover damages resulting from a maritime collision. A third party, Miles R. Hallett, appears as claimant of the tug Lyle H, which was brought into the case under Admiralty Rule 56. The district court decreed that the libel be dismissed. Libelant appeals.

On the evening of January 7, 1943, a flotilla consisting of libelant’s Derrick Barge No. 10 and Barge No. 60, libelant’s tug Star, and the third party’s tug Lyle PI, was proceeding down the Columbia River from Vancouver Terminal. Respondent’s tug Megler with Oil Barge 503 in tow was making its way up the river. Just below Vancouver a collision between the two groups of craft occurred. Derrick Barge 10 sank, and Barge 60 was damaged; respondent and the third party sustained no damage.

Libelant filed the instant libel asserting as the cause of ‘the collision the Megler’s negligence in failing to maintain a proper lookout to navigate to the right of midchannel, to sound and answer whistles, to carry proper lights, to turn to port upon the…