Foss Launch & Tug Co. v. The Kukui

This is a suit for tug hire and for money expended by libelant in payment to another tug for assisting in the towage. I shall set forth the facts quite generally and then relate them more particularly to the legal issues involved.

On December 7, 1951, Foss Launch & Tug Company entered into a contract of towage with Independent Iron Works, Inc. Foss agreed to provide the tug Martha Foss to tow two of Independent’s barges from Oakland, California to Hawaii. At Honolulu, the Martha Foss was to pick up three tows — The Columbia, the Kukui and the Intrepid, and tow them to Oakland. Independent agreed to pay tow hire in the amount of $750 per day commencing on the pick-up of the tows in Oakland and terminating on delivery at Oakland.

The two barges were picked up at Oakland on the 15th day of December, 1951 and towed to Hawaii without incident. They arrived on January 1, 1952. There was some dispute with the Coast Guard over the master’s license but that was resolved.

The three tows were at Independent’s docks in the Kapalana Basin in Honolulu. They were taken to Pier 2 where the tow was to be made up on January 4, 1952. The tow had been provided with bridles and surge chains by…