Dize v. Steel Barge Beverly

247 F. Supp. 968, 1965 U.S. Dist. LEXIS 6131
CourtDistrict Court, E.D. Virginia
DecidedJuly 26, 1965
DocketNos. 8480, 8490
StatusPublished
Cited by7 cases

This text of 247 F. Supp. 968 (Dize v. Steel Barge Beverly) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dize v. Steel Barge Beverly, 247 F. Supp. 968, 1965 U.S. Dist. LEXIS 6131 (E.D. Va. 1965).

Opinion

BUTZNER, District Judge.

The masters and crews of the tugs DELAWARE, COVE POINT and W. R. COE seek salvage awards for services rendered May 27, 1964 when fire broke out near Pinners Point in the Elizabeth River, Portsmouth, Virginia. Apparently the fire started in the ferryboat ACCOMAC which was lying alongside Pier 4. It spread to the pier and damaged the excursion vessel SIGHTSEER, unnamed ex-LST No. 306, unnamed ex-LCU and the steel barge BEVERLEY.

A slip is formed by Pier 4 and a spit. The barge BEVERLEY was moored in [970]*970the river across the end of the pier. The LST was moored in the slip alongside the pier near the outer end of the pier. Her bow was headed toward the river. The ACCOMAC was moored in the slip alongside the pier, astern of the LST. Her bow was headed inland. The SIGHTSEER was moored in the slip to the starboard side of the ACCOMAC about amidships.

The mooring of the LCU was never definitely established. Apparently she was in the slip, inshore from the AC-COMAC.

At about 11:20 P.M. the master and crew of the DELAWARE learned of the fire. They arrived at Pier 4 in about ten minutes. The DELAWARE proceeded into the slip and pumped water on the ACCOMAC for forty-five minutes. Within a few minutes after the arrival of the DELAWARE!, the COVE POINT reached the ACCOMAC. She pumped water on the burning vessel about twenty minutes. The W. R. COE arrived at about 11:50 P.M. She pumped water on the ACCOMAC for fifteen to twenty minutes.

Shortly after midnight the Coast Guard cutter HUDSON came into the slip and pumped water on the ACCOMAC. Men and hose from the cutter were placed aboard the burning vessel. They were, however, unable to quench the fire and after forty-five minutes were removed. About 1:15 the MADRONA, another Coast Guard cutter, came alongside and fought the ACCOMAC fire. She was joined by the MOHICAN which arrived about 2:00 o’clock. By that time the fire on the ACCOMAC was down. The MOHICAN put a party on board with the intention of moving the ACCOMAC. Its orders were changed and its boarding party removed. A Coast Guard utility boat also fought the ACCOMAC fire from approximately midnight until 3:00 A.M.,

The fire on the ACCOMAC was intense. The men on the tugs felt the heat. None of them was burned, although sparks and debris fell on the vessels. From time to time there were muffled explosions on the ACCOMAC and the crews were concerned about the explosions and the possibility of the wind blowing flames into the slip.

As Captain Elmer E. Miller, the master of the COVE POINT, fought the fire on the ACCOMAC, he proceeded from the stern to amidships. It became apparent to him that the SIGHTSEER was endangered from falling, burning debris. He secured a line on the SIGHTSEER, broke her free by backing his tug and with considerable skill backed his tug out of the slip, towing the SIGHTSEER into the channel. At one point he had about five-feet clearance from one of the other tugs and ten feet from the spit. As the SIGHTSEER passed the DELAWARE the crew played water upon her, quenching her fire.

The COVE POINT towed the SIGHTSEER about a mile and a half to Roanoke Dock, where the vessel was moored.

The COVE POINT immediately returned to Pier 4, arriving at approximately 12:15. By that time fire was sweeping down the pier. The lines and paint on the forward end of the BEVERLEY, particularly on the starboard side, were afire. The crew of the COVE POINT put a line aboard the BEVERLEY. With a series of jerks the master sought to free the barge. He was unsuccessful. C. L. Smith, the mate of the COVE POINT, went aboard the BEVERLEY with a fire axe to cut the stern line. ' He was followed by a member of the crew, who slipped and fell overboard. The crewman was in danger of being crushed between the barge and the tug or being injured by the towing line. As the master swung the tug away from the crewman, Smith pulled him aboard the barge.. The heat from the pier was intense. Shielding his face, Smith cut the stern line. The bow lines apparently were burned and the tug, unassisted, was able to pull the barge free.

The DELAWARE came alongside the barge, after it was free of the pier, and quenched the fire on the forward end. The COVE POINT towed the barge to Pier P on the Norfolk side of the river. [971]*971The Norfolk Fire Department was called and the COVE POINT then returned to the fire. The DELAWARE put men aboard the BEVERLEY and after some difficulty and delay, with the assistance of the firemen, opened one of the barge’s rolling hatch covers. The barge was found to be empty and without fire in her hold. The DELAWARE left the BEVERLEY shortly after 1:00 A.M.

The COVE POINT left the BEVERLEY about 12:40 A.M. when she returned to the slip off Pier 4. The master found the pier and the LST burning fiercely. The HUDSON was fighting the fire on the stern of the LST. She had five to seven men aboard with hose. The W. R. COE was also in the slip fighting the fire. The master of the COVE POINT believed that the LST could be saved from total loss only by towing her from the burning pier. He brought his tug alongside the port bow of the LST, and his crew placed a ladder against her side. Because of the heat the crew were reluctant to go aboard to secure a line. The master, himself, went up the ladder, followed by the mate. A crewman with a hose climbed on the tug to a position from which he could reach both the master and the mate with a stream of water, if necessary. In moments the master secured the tug’s stern line to the bow of the LST. He and the mate returned to the tug. Simultaneously the HUDSON took off its fire crew from the stern of the LST. At 12:55 the COVE POINT pulled the LST free from the burning pier.

When the LST got out in the river the W. R. COE, the DELAWARE, the HUDSON and a Navy tug came alongside and played water upon her. A boarding crew from the Navy tug were placed on the LST with hose to fight a fire in the hold.

The DELAWARE pumped water on the LST for about thirty-five minutes. At 1:50 A.M. the DELAWARE left the scene of the fire.

The muster of the COVE POINT unsuccessfully sought a berth for the burning LST. He could neither berth her nor cast her off. He towed her to Lamberts Point anchorage, about one and a half miles from the scene of the fire.

The Navy tug followed the LST to the anchorage and then departed. Shortly thereafter the HUDSON left. The W. R. COE was the last of the tugs to leave, departing at 2:35 A.M. when the fire was nearly out.

The COVE POINT held the LST at the Lamberts Point anchorage until 5:10 A.M. At 6:30 A.M. she was docked at the Seaboard pier with the assistance of the tug WATOCO. Portsmouth firemen came aboard and quenched a fire in the hold.

The master and crews of the COVE POINT and the W. R. COE make no claim against the ex LCU. The master and crew of the DELAWARE claim salvage. The master testified that they played water upon her but he does not recollect how long.

The DELAWARE and the COVE POINT are harbor tugs of approximately the same size, 96 feet in length and 23 feet in breadth. The W. R. COE is 105 feet in length and 27 feet 7 inches in breadth. All of the tugs were fitted with a fire pump, two hose connections and a fixed nozzle known as a monitor on top of the pilot house. For the most part the DELAWARE and the COVE POINT used one hose. The W. R. COE, which had a larger pumping capacity, used its monitor.

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247 F. Supp. 968, 1965 U.S. Dist. LEXIS 6131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dize-v-steel-barge-beverly-vaed-1965.