O/Y Finlayson v. The S.S. Antinous

156 F. Supp. 414, 1957 U.S. Dist. LEXIS 2797
CourtDistrict Court, E.D. Louisiana
DecidedOctober 31, 1957
DocketNo. 2311
StatusPublished
Cited by1 cases

This text of 156 F. Supp. 414 (O/Y Finlayson v. The S.S. Antinous) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O/Y Finlayson v. The S.S. Antinous, 156 F. Supp. 414, 1957 U.S. Dist. LEXIS 2797 (E.D. La. 1957).

Opinion

CHRISTENBERRY, Chief Judge.

At about two o’clock A.M. on April 10, 1952, a collision occurred in the Mississippi River between Shingle Point and Scarsdale Light involving the Steamship Antinous, which was owned and operated by Pan Atlantic Steamship Corporation, and the Motor Vessel Argentina, owned and operated by Det Forenede Dampskibs-Selskab, A/S.

O/Y Finlayson-Forssa A/B; Finska Sjoporsakrings Aktiebolaget; Erik Stokkebye; G. Biehl & Co.; Aktieselskabet De Danske Bomuldesspinderier; Aktieselskabet Grpn & Witzke; Forsikrings-Aktieselskabet Skanvinavia; Melbranchens Faellesindkob; Den Danske Maelkekondenseringsfabrik; Assuranca-Compagniet Baltica Aktieselskab; R. Faerch A/S; Den Kjobenhavnske-Sp-Assurance-Forening Lmt.; A/S Dansk Pressefabrik; Forsikringsaktieseliskabet National ; Bohlin and Lofgren; Forsakringsaktiebolaget Atlántica; Ernst Cohn & Co.; L. J. Wingqvist; Forsakringsaktiebolaget Malaren; The Continental Insurance Company; American Insurance Company of Newark; and Christiania Spforsikringsselkab, were owners, consignees, notify parties, or insurers of various shipments of cargo damaged while being carried aboard the Motor Vessel Argentina subject to the provisions of the Carriage of Goods by Sea Act of 1936, 46 U.S.C.A. § 1300 et seq., under the terms of which the carrying vessel may be relieved from liability to her own cargo for any loss of or damage thereto caused by faults or errors in the navigation of such vessel.

As a result of the collision, the said cargo interests did not attempt recovery against the carrying vessel but filed a libel directly against the Antinous seeking recovery for loss of and damage to such cargo. Pan Atlantic Steamship Corporation claimed the Antinous, answered the libel, and filed a petition of impleader against the Argentina under Rule 56 of the Admiralty Rules, 28 U.S. C. promulgated by the Supreme Court of the United States, alleging that her faulty navigation was the sole and proximate cause of libellants’ loss. Det Forenede Dampskibs-Selskab A/S filed claim to the Argentina and answered the libel and petition of impleader. The answer admitted that the Argentina was solely at fault for the collision and exonerated the navigation of the Antinous in all respects.

This cause came for trial on the pleadings and evidence, the greater portion thereof being testimony of witnesses before the Court, and due deliberation having been had thereon, the Court makes the following Findings of Fact and Conclusions of Law:

[416]*416Findings of Fact

I.

The Steamship Antinous was owned by Pan Atlantic Steamship Corporation, a corporation organized and existing under and by virtue of the laws of the State of Alabama. The Steamship Antinous was a C-2 type dry cargo vessel built in 1944, of 6065 gross tons, 449 feet in length overall, 63.1 feet in beam, with a 6,000 horsepower steam engine turning a single right-hand propeller of nineteen foot pitch. Her normal maneuvering speeds through the water under average conditions of wind and sea were: full ahead, 80 revolutions per minute, 14.2 knots; half ahead, 40 revolutions per minute, 7.1 knots; ordinary full astern, 46 revolutions per minute; emergency full astern, 86 revolutions per minute.

II.

On April 9th and April 10th, 1952, the Antinous, en route from Miami, Florida to New Orleans, Louisiana, was ascending the Mississippi River while approximately one-third loaded and drawing 15 feet 4 inches forward and 19 feet 4 inches aft. She was fully and properly manned and equipped and seaworthy in all respects.

III.

There was no appreciable wind. The average current in the river was no less than four knots with the current in the bends being somewhat greater.

IV.

At approximately 1:42 A.M. on April 10, 1952, as the Antinous was proceeding upriver at full maneuvering speed near the East, or left descending, bank of the river below Scarsdale Light, which is on the same bank, and hence was on the right, or starboard side, of the Antinous, fog was observed ahead upriver. She was showing proper lights and was being navigated from the bridge by her Chief Officer, Earl Evans, who was a duly licensed Pilot for the Mississippi River. A qualified seaman was at the wheel, and -Third Officer William Graham was on watch on the bridge and was handling the telegraph. A competent lookout had, earlier, been stationed on the forecastle head. Fog was seen ahead which appeared to be lighter near the East, or left descending, bank, whereupon, at 1:42 A.M., the engines were slowed to half ahead, forty propellor revolutions per minute, reducing speed through the water to no more than 7.1 knots and speed over the ground to about 3.1 knots. The Antinous commenced sounding regular fog signals at least every minute. The Master, Samuel Wonson, was called from the chartroom and came on the bridge.

V.

Upon first entering the fog, the Pilot and the Master of the Antinous conferred as to the advisability of anchoring. The vessel then being in one of the deeper and swifter parts of the river, the Master and Pilot reasoned that it would be unsafe to anchor there in fog where other vessels might be encountered, and concluded with justification that the only safe procedure under the circumstances was to continue upriver a short distance while remaining in sight of and near the East bank and to anchor under Shingle Point, where the chart showed there to be a sheltered, and otherwise reasonably safe anchorage. The Antinous was not equipped with radar and Pilot Evans rightly felt that it would be imprudent to leave the East bank or to seek an anchorage on the West bank, since by doing so the Antinous would leave a known position and be exposed to the hazards of unknown traffic in midstream.

VI.

When in the vicinity of Scarsdale Light, the Antinous exchanged a series of fog signals with an unidentified vessel which was eventually observed to pass well clear to the port side of the Anti-nous, between her and the West bank of the river.

VII.

A short time later, Second Officer John H. Stone, Jr., who, though off duty, had heard the fog signals of his ship, reported to the bridge and was ordered to the forecastle head to stand by the anchors.

[417]*417VIII.

At 1:58 A.M., Antinous time, when the Antinous was approximately one-half mile above Scarsdale Light, parallel to and within 150 or 200 feet of the Bast bank and still proceeding with her engines half ahead, making 3.1 knots or less over the ground, her navigators and lookout heard a two-blast signal off the port bow at an unascertainable distance from an unseen vessel which eventually proved to be the Motor Vessel Argentina. Being without radar, and no one on board having heard any whistle signals forward prior to this two blast signal, the Anti-nous had had no reason until then to suspect the Argentina’s presence.

IX.

Pilot Evans, immediately upon hearing the two-blast signal, ordered the engine stopped and simultaneously sounded four short blasts on the ship’s whistle. Third Officer Graham promptly relayed the engine order to the engine room by means of the engine order telegraph. Second Assistant Engineer Joseph Simon, Jr., on duty in the engine room, received the order and immediately stopped the Anti-nous’ engines. The Antinous’ heading was parallel to the East bank.

X.

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Bluebook (online)
156 F. Supp. 414, 1957 U.S. Dist. LEXIS 2797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oy-finlayson-v-the-ss-antinous-laed-1957.