Tank Barge 11, Inc. v. The British Motorship DeBrett

Good Law
131 F. Supp. 14·1955 U.S. Dist. LEXIS 3146
United States District Court, Northern District of CaliforniaMay 4, 1955Nos. 26867, 26931California2,821 words

Opinion

lead Opinion

Hamlin, J.

At about 1 a. m. on the morning of April 30, 1954, the tug Vigilant, towing Tank Barge 11, was proceeding downstream (south) on the San Joaquin River, approaching a bend in the river to its left near Twitchell Island Light (which was on its right), and the motor-ship DeBrett was going up stream north toward Stockton, having passed Buoy 18.

A collision occurred between the DeBrett and the barge about 1500 feet south of Twitchell Island Light, at which time the bow of the DeBrett struck the port side of the tank barge on an angle variously estimated from about 10° to about 40°. It was a clear, dark night with a small flood tide of about one and one-half knots and a west or northwest wind of approximately 30 to 40 miles an hour. As a result of the collision the tank barge exploded, causing extensive damage to it and to the DeBrett. Some days after the collision, a diver located on the bottom of the river a portion of the port side of the barge which weighed about four to five tons and which had been blown off by the explosion. This wreckage was on a line between Twitchell Island Light and Buoy 18, and about 1500 feet south of Twitchell Island Light.

The owner of Tank Barge 11 filed…

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