Hebert v. Barge ABL-22 (221 F. Supp. 725, 1963)

FRANK B. ELLIS, District Judge.

On March 1, 1959, at approximately 6:30 p. m. the Barge TJ-255 which was then being pushed by the Tug THELMA. D, was in collision with the Barge ABL-22, near milepost 50 of the Intracoastal? Canal, west of Harvey, Louisiana. These; libels arise out of that collision.

The evidence reveals that several days; prior to the incident the Barge ABL-22,. owned by American Commercial Barge-Lines Company, loaded with pipe, was delivered to Dixie Carriers, Inc., for towing to the Union Producing Company dock, and delivery into the Union Producing Company slip, at Houma, Louisiana. Dixie Carriers subsequently contracted for the services of the Tug-NELLIE, owned and operated by Ben R. Edmundson, d/b/a Edmundson Towing: Company, for this latter towing operation.

Union Producing maintains two slips, in the area on the Intracoastal Canal. One is located near Bourg, Louisiana, between mileposts 50 and 51 and the other is located seven miles west thereof in. Houma.

The log entries of the NELLIE indicate that the ABL-22 was delivered into-the Houma slip. As the evidence progressed in the case it became more and. more evident that the Tug NELLIE proceeded to put the ABL-22 in the-wrong slip; that Edmundson made no-effort to notify anyone connected with the consignee company of the location of the barge, and it has been shown that at the Union facility where the-, barge was placed, there was no one there on weekends; whereas, at the Houma slip, where the barge should have been placed, there was a person employed by Union who lived on the premises who-might have heard the landing whistles, and come down to receive the barge. Probably the Tug Captain would and' could have used the mooring facility (cable) which the Union Producing Company had set out for this purpose. Obviously, as has been testified, the cable was much stronger and durable than the rope that was used, even though the defendant Edmundson established to the satisfaction of the Court that they followed the usual and customary procedure in using six-inch circumference Manila Line. It was testified that 50,000 pounds is the breaking strength of Manila line, while the usual cable had a resistency of 60 tons. It is indicated that had this barge been placed in the proper slip at Houma, Louisiana, that it would never have pulled loose from the moorings.

Sometime following delivery the ABL-:22 broke her lines and drifted out into the waterway. The following evening the 'THELMA D, owned by Gilbert Hebert, pushing the Barge TJ-255, owned by 'Thomas Jordan, Inc., loaded with lumber, rounded the bend just west of Milepost ■50, heading east, toward New Orleans, at a speed of about seven miles per hour. ‘The Captain observed the unlighted .ABL-22 to his starboard lying alongside .and parallel to the south bank of the waterway near a clump of trees. At first •observation the barge appeared to be .moored to the trees along the bank, a frequent and common custom in this .area. The THELMA D, with no reason to anticipate difficulty, proceeded ahead.

At the same time the Captain noticed the Tug BIG M, owned by Charlene ■Oursler, pushing barges and headed west, .and aligned the THELMA D for a port-to-port passing with the BIG M and so ■indicated with a one-blast whistle signal. The BIG M appeared well to her .starboard, hugging the north bank, and under the circumstances, it was reasonable to assume a normal and uncomplicated passing.

When the THELMA D was about 200 feet from where the ABL-22 appeared -to be moored the Captain saw the end of •the barge nearest him begin to move out into the waterway and into his path. He turned his wheel hard to port, and realizing that this would throw his tow into ■the path of the BIG M, threw the engines into reverse, under full throttle, hefore the rudder took effect. The bow