National Metal & Steel Corp. v. Tug Mariner

MEMORANDUM FOR JUDGMENT

This action is before the Court as a result of the grounding and stranding of the naval vessel U.S.S. GEORGE A. JOHNSON on October 12, 1966, on a beach near Pacifica, California. The vessel was being towed by the tug Mariner when the tow line parted and, whén efforts to regain the tow failed, the GEORGE JOHNSON went aground. The plaintiff, National Metal & Steel Corporation (hereinafter National Metal) originally brought suit against both Shipowners and Merchants Towboat Co. (hereinafter Shipowners) and Interstate Towing Co., Inc. (hereinafter Interstate). Shipowners was dismissed prior to trial by stipulation of all parties. Interstate owned the tug Mariner at the time the grounding occurred, and they are the sole defendant in the case at bar.

The evidence shows that the plaintiff successfully bid $53,000.00 on a government offer to sell the decommissioned destroyer GEORGE JOHNSON. National Metal desired to remove the vessel from Mare Island to its dismantling yard at Terminal Island in Southern California, and this removal was a condition of the purchase contract. The plaintiff hired, or attempted to hire, Shipowners to perform the towing operation, and…