Citations
- 80 F. Supp. 754
Full opinion text
HUTCHESON, District Judge.
1. During the times mentioned herein, the defendant owned and operated the ocean-going steam tug “Menominee”, a vessel documented under the laws of the United States, 150 feet long, having a beam 28 feet and a depth of 16 feet.
2. On March 17, 1942, prior to the sailing of the “Menominee” on a voyage preceding that on which the disaster occurred, the tug was inspected at Norfolk, Virginia, by the Bureau of Marine Inspection and Navigation, who required that before sailing, the tug should provide: “sufficient life raft or life float capacity (approved raft) to accommodate all persons. Raft to be equipped as per Regulations”. At that time the tug was not equipped with an approved life raft or life float as contemplated by-existing regulations, which provided as follows : “C. Towing vessels, manned barges, and miscellaneous craft — (1) Life Rafts. Towing vessels, manned barges, and miscellaneous craft shall carry sufficient lifeboats to accommodate all persons on board. In addition, approved rafts to accommodate all persons on board shall be carried: Provided, That where lack of space or operating conditions prevent the proper ’ stowage of life rafts, approved life floats may be substituted. Rafts shall not have a greater capacity than 15 persons nor a less capacity than 5 persons”. 46 C.F.R. 153.2 (c) (1) (2).
3. Approved life floats and life rafts as required by the regulations were not then available and the chief inspector modified the requirements of the assistant inspector by whom the inspection was made, and authorized the tug to sail with the improvised rafts or floats. His modification of the requirement was as follows: “No. 2 — Improvised rafts or floats will suffice until approved rafts or floats may be obtained.”
4. .Thereafter, improvised equipment not meeting the requirements of the regulations, but sufficient to meet the requirements of the modified order, was placed on board. The equipment required by the regulation were additional emergency life saving equipment