The Mormacmoon (55 F. Supp. 636, 1944)

SWEENEY, District Judge.

This is a libel in admiralty growing out of a collision on July 7, 1941, between the scow No. 19 which was in tow of the tug Melrose, both owned by the libellant, and the steamship Mormacmoon.

Findings of Fact

On the date in question the libellant was operating the dredge Delver in a section of Reserve Channel which lies to the south of the Army Base Pier in Boston Harbor. Attending the dredge and assisting in its dumping operations were the tug Melrose and two dump scows, Nos. 19 and 20. The dredge was fixed about 1,000 feet easterly of the end of the Army Base Pier and slightly south of the center of Reserve Channel extended. She was held in place by five anchors: one lying right astern of ■the dredge coming in at deck level; two quarter anchors, one starboard and one port, the wires paying out at the stem from a gallows brace about 18 feet above deck, the anchors being placed about 750 feet ahead of the dredge; and two bow anchors paying out straight from the starboard and port to the north and south of the dredge. These anchors were located about 650 feet away from the dredge. The lines running to the anchors were so fixed that, should the occasion arise, the wires might be slackened so as to sink to the bottom and permit passage of a boat over the surface of the waters unimpeded by the anchor wires.

The Channel adjacent to the Pier is about 200 yards wide. In front of the Pier the Channel widens to the northward indefinitely.

The Mormacmoon, which was about 460 feet long, and under control of a licensed harbor pilot, left Berth No. 6 at the Army Base Pier, turned in the Channel with the aid of two tow boats, and proceeded out of the Channel slowly, blowing a slip signal of one long blast. It was the intention of the Mormacmoon to proceed out of Reserve Channel and then turn to the right to enter the main ship channel and proceed out of the Harbor. She set her course in such a manner as to take her just barely clear of the dredging unit. This was the shorter and more direct course.

Prior to the collision the tug Melrose had returned from a dumping operation with the scows Nos. 20 and 19 made up to its port side. Scow No. 20 was in the lead and scow No. 19 was just astern of No. 20 held to it by two cables. The Melrose proceeded from the main ship channel of Boston Harbor and turned into Reserve Channel and proceeded directly to the dredge Delver. Scow No. 20 was placed alongside the dredge under the anchor wires and was made fast with two lines. She was in this position about three or four minutes when the Mormacmoon approaching and at a distance of about 700 feet blew four short blasts to let the dredge know of its intention to pass and waited for the dredge to slacken its anchor lines. When this was accomplished the Mormacmoon started ahead. In the meantime, the incoming tide and southwest wind had caused scow No. 19 to swing out to the north to a .sl'