Citations
- 28 F. Supp. 955
Full opinion text
COXE, District Judge.
These are exceptions by the libellants to so much of a report of a commissioner as disallows various items of damage claimed by the libellants. The suit is for damages sustained by the libellants’ tank-steamship San Tirso in a collision with the respondent’s steamship Pocahontas, which occurred at the entrance to New York Harbor on Dec. 14, 1917. The trial judge held the Pocahontas solely at fault, and referred the case to a commissioner to assess the damages. The commissioner made a substantial award to the libellants. He refused, however, to allow anything for the detention of the San Tirso during a period of 57 days % hr. while she was laid up in London -undergoing repairs. He also disallowed various items for drydocking and incidental expenses necessitated by the lay-up. These rejected items are the only ones challenged by the exceptions.
The collision took place in a winter storm while the two vessels were riding at anchor outside of New York Harbor. The Pocahontas dragged her anchor and fell down on the San Tirso, twisting the latter’s stem and causing substantial damage. The captain and pilot of the Pocahontas testified, and the trial judge found, that the anchor chains of the Pocahontas ran underneath the bow end of the San Tirso.
At the time of the collision the San Tirso was loaded with oil, and in readiness to proceed home to London. She was surveyed afloat by Lloyd’s surveyor, who concluded that she might complete the voyage with temporary repairs. He recommended, however, that permanent repairs be made at the “first convenient opportunity”. The owner’s New York agent thereupon cabled a brief report of the collision to the owner at London, but made no mention of any underwater damage to the vessel. Upon receipt of this cable, the owner “stemmed” a drydock at London, which, in the existing war time conditions, could only be reserved in advance. The reservation of the drydock was, however, prompted solely by the cable advice from New York regarding the collision.
The San Tirso, after effecting temporary repairs at New York, set out for London, and on the voyage home encountered very heavy weather, which seriously damaged the vessel and made further extensive repairs necessary. The commissioner found on ample evidence that these heavy weather damage repairs “were sufficient in themselves to require the lay-up”.
The drydock was not immediately available when the vessel reached London, and, after discharging her cargo, she went into drydock on Jan. 14, 1918, where a survey ' was commenced afloat and repairs were started. On Jan. 31, 1918, the vessel moved to drydock, and remained there continuously until March 1, 1918, when she went off drydock. The remaining repairs were made afloat, the whole work being completed on March 9, 1918. The entire period of the lay-up was 57 days % hr.
The San Tirso was on a long term charter providing for charter hire of £90: 4:7 a day, ánd the detention damages claimed have been computed at that rate for the entire detention period. The remaining disputed items are for a portion of the drydock expenses, and for the incidental disbursements in connection with the lay-up. The total bill for drydocking was £1245:6:0 for the full 29 days the vessel was in drydock, but inasmuch as the collision repairs required the use of the dock for only 10 of these 29 days, the libellants have limited their claim for the drydock expenses to a proportionate part of the entire drydocking charge, or £504:15:6.
The owner of the San Tirso learned of the riding of the Pocahontas’ anchor chains by the San Tirso after the vessel arrived in London, and before the survey. When the vessel was placed in drydock serious damage to the port bilge keel was discovered, which the commissioner found was due to the collision. He held that even if there had been