Citations
- 241 F. Supp. 354
Full opinion text
BODY, District Judge.
This case is before the Court on a remand from the Third Circuit Court of Appeals where it was determined that a District Court judge erred, in a wrongful death action in Admiralty which alleged unseaworthiness and negligence, by entering a Pre-Trial Order, 188 F.Supp. 754, that resolved the issue of liability in favor of the libellant and directed that the trial of the cause be restricted exclusively to the issue of damages. Accordingly, the case was heard by another District Court judge who after trial entered a judgment in favor of the libellant and against the respondent in the amount of $124,000.00. However, on appeal the Appellate Court held (313 F.2d 764, 768 (1963)):
“For the reasons stated the Decree filed April 11, 1961 entering judgment in favor of the libellant in the amount of $124,000 against the United States will be vacated and the Pre-Trial Order filed December 5, 1960 will be reversed with directions to proceed in accordance with this Opinion.”
From the above directive this Court concluded that the cause should be tried as to the issue of liability and to the issue of damages since both the judgment was vacated and the Pre-Trial Order was reversed.
FINDINGS OF FACT
1. The U.S.N.S. “Marine Fiddler” was a public vessel operated by the respondent, United States of America, through its agency, The Military Sea Transportation, United States Navy.
2. The said vessel had been built at Sun Shipyard in Chester, Pennsylvania, in August 1945 and was converted into a heavy lift cargo vessel in April 1954, with changes in her structure, mast, booms and other equipment at No. 3 and No. 4 hatches, in order to handle extremely heavy cargo weighing up to 150 tons. These changes rendered the U.S.N.S. “Marine Fiddler” one of a few vessels afloat with such heavy cargo handling capabilities that resulted in its entire loading system and equipment being unique and more complicated than the normal cargo vessel.
3. On May 1, 1959 the said vessel was moored port side to at one of the docks of the Northern Metals Company upon the navigable waters of the Delaware River in the Port of Philadelphia to take on a cargo of heavy army tanks, designated as M103A1 tanks, each weighing in excess of 61% tons.
4. The Northern Metals Company, an independent expert stevedore contractor, was engaged by the Government to handle government cargoes in the Port of Philadelphia. The contract contained the customary provision requiring the independent expert stevedore contractor, Northern Metals Company, to fully handle the loading and stowing of cargo aboard the said vessel.
5. All of the cargo handling gear and equipment at the No. 3 hatch was furnished by the respondent and had been rigged by members of the crew of the vessel prior to the commencement of cargo operations on May 1, 1959. The principal parts of this gear consisted of a 150-ton swinging jumbo boom, equipped with an 18-part topping lift purchase, and hoisting gear with a 14-part purchase between the upper and lower block, the latter being affixed to a cargo pendant consisting of a swivel above and below a flounder, into which was shackled by means of a vang spreader, or a fish plate, a single guy or vang secured to a vang post at the after port corner of the hatch, and on the starboard side a vang spreader was shackled to the flounder to which two vangs were connected, one secured at the opposite end to a vang post at the forward starboard corner of the hatch, and the other to a vang post at the after starboard corner.
6. The jumbo boom was raised and lowered in a vertical plane by means of a topping lift and was swung inshore and offshore by the vanks attached to the flounder of the cargo pendant. Each of the vangs had a 10-part purchase and each set of lines and guys was operated by its own independent winch. The winches which activated the topping lift and hoisting gear were located on the deck. The controls for these winches were located upon the after starboard platform and were operated by a single winchman. However, the winches could not be operated simultaneously; that is, the boom could not be topped or lowered at the same time the hoisting gear was being raised or lowered, and vice versa. The winches for the vangs were located