Spartan Dismantling Corp. v. Barges H.R. 54 & H.R. 93

561 F. Supp. 235, 1983 U.S. Dist. LEXIS 18130
CourtDistrict Court, E.D. New York
DecidedMarch 30, 1983
DocketNo. 79 CIV 1120
StatusPublished
Cited by1 cases

This text of 561 F. Supp. 235 (Spartan Dismantling Corp. v. Barges H.R. 54 & H.R. 93) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spartan Dismantling Corp. v. Barges H.R. 54 & H.R. 93, 561 F. Supp. 235, 1983 U.S. Dist. LEXIS 18130 (E.D.N.Y. 1983).

Opinion

ORDER

McLAUGHLIN, District Judge.

Plaintiff, Spartan Dismantling Corp., (“Spartan”), brought this action to recover for damage to its barge as a result of alleged collisions with two other vessels owned by defendant, Hudson River Towing Line, Inc., (“Hudson River”). In the alternative, it seeks recovery against defendant Transit Mix Concrete Corp. (“Transit Mix”), contending that the latter’s negligence allowed Hudson River’s vessels to collide with plaintiff’s ship.

This Court conducted a bench trial on January 28, 1983. For the reasons developed below, I conclude that plaintiff has failed to carry its burden of proof. Accordingly, this action is dismissed, and judgment will enter for the defendants.

I. FACTS

A. The Parties

Spartan, a New York corporation, was the registered owner of Barge No. 357 (SPARTAN 357) in March and April of 1979 when the events giving rise to this litigation occurred. At that time Spartan operated pier facilities on the Gowanus Canal in Brooklyn, New York. Mr. Charles Christie is and was the President of Spartan at all relevant times.

Hudson River, a New York corporation, was the registered owner of two separate Barges, H.R. 54 and H.R. 93, in March and April of 1979. Transit Mix was originally a third-party defendant, but, upon plaintiff’s motion, was made a primary defendant. Transit Mix, also a New York corporation, owns and operates a cement plant and pier facilities on the Gowanus Canal.

B. The Vessels

Plaintiff’s vessel, the SPARTAN 357, is a motorless wooden barge, 125 feet long and 30 feet wide. It was built sometime before 1950, and purchased by Mr. Christie in 1974. Captain Henry C. Halboth, Transit Mix’s [237]*237expert witness, testified that barges of such construction should be “dry docked” at least every two years to re-caulk, reseal, and paint the hull. Christie admitted that the barge has never been dry docked since he purchased it, but stated that caulking has been done from inside the hull. Halboth’s uncontroverted testimony, however, was that caulking from inside the hull was ineffective to prevent deterioration of the vessel. In any event, it is undisputed that the SPARTAN 357 was not watertight: there were five or six inches of water in the ship’s bilge two days before it sank.

Hudson River owns the other two vessels involved in this litigation. The H.R. 54 and H.R. 93 are motorless, break-bulk steel cargo scows, 120 feet in length, and 38 feet wide.

C. The Collisions and the Sinking

1. The H.R. 54

On the morning of March 29, 1979, a tug, called the TWIN, was delivering the H.R. 54, loaded with gravel, to Ferrar Construction, located on the Gowanus Canal almost directly across from Spartan’s facility.

Christie and other Spartan employees observed the TWIN pivot the H.R. 54 against the SPARTAN 357 in order to maneuver the H.R. 54 through the canal. In the process, the H.R. 54 struck and squeezed the SPARTAN’S hull. The contact caused the SPARTAN to sustain an indentation in the corner of the hull, and the ship began to leak.

Christie and his employees undertook repairs which, according to Christie’s testimony at trial, were successful. Thus, the plaintiff does not claim that the contact with the H.R. 54 somehow “weakened” the SPARTAN to the extent that a subsequent collision would cause the SPARTAN to sink when it might not otherwise have. Rather, damages are sought for the damage caused directly to the SPARTAN by the contact just detailed.

2. The H.R. 93

During the last week of March 1979, Transit Mix ordered a shipment of crushed rocks from Hudson River to be delivered by March 31, 1980. On that morning, the tugboat TWIN delivered the H.R. 93 to Transit Mix’s facility, and the TWIN’S crew tied the H.R. 93 to the berth. The vessel had been unloaded by that afternoon; so Transit Mix notified Hudson River that the H.R. 93 was ready to be picked up. This notification was in accordance with Transit Mix’s operating procedure.

The HR. 93 was not picked up, however, and, on April 1, it was still at the Ninth Street dock. Transit Mix continued to instruct Hudson River to pick up its barge, but without result. The stated reason for Hudson River’s failure to pick up its barge was a tug boat strike that paralyzed navigation on the canal.

On April 11, 1979, a lack of work closed Transit Mix’s Brooklyn plant indefinitely. Transit Mix contacted Hudson River to inform it of the closing, and again advised Hudson River to pick up its barge. Hudson River did not do so.

For reasons that have not been determined, the H.R. 93 broke from its moorings sometime on Sunday, April 15 and began to drift. Thus, in the early morning hours of that date, the vessel was adrift in the canal. On Monday, April 16, Christie arrived at work between 6:30 and 7:00 A.M., and discovered the SPARTAN 357 partially sunk with the H.R. 93 wedged against it. The central question of what caused the sinking remains unanswered.

Plaintiff believes that the H.R. 93, while adrift, struck and sank the SPARTAN 357. Defendants offer several alternative explanations for the sinking. Transit Mix disputes plaintiff’s conclusion that the damage to the SPARTAN 357 sustained as a result of the earlier striking by the H.R. 54 had been completely repaired. Both defendants note that there were no eyewitnesses to the collision, despite the fact that plaintiff had a security guard on duty at the time. Although the guard had orders to notify Christie in any emergency, there was no such notification. Defendants emphasize the testimony of Transit Mix’s expert, Cap[238]*238tain Halboth, who testified that because of the weather and current conditions at the material times, and because of the physical characteristics of the vessels involved, the H. R. 93 could not have been drifting fast enough to strike the 357 with sufficient force to sink it.1

I must therefore decide two questions: (1) whether plaintiff has established that the H.R. 93 caused the SPARTAN to sink; and (2) whether plaintiff may recover for the earlier damage caused by the H.R. 54.

II. LAW

Plaintiff correctly notes that when a drifting vessel collides with a stationary ship, it is presumed that the drifting vessel is at fault. The Oregon, 158 U.S. 186, 197, 15 S.Ct. 804, 809, 39 L.Ed. 943 (1894); Baltimore Steam Packet Co. v. Flushing, College Point & New York Steam Ferry Co. (“The Louisiana’’), 70 U.S. 164, 173, 18 L.Ed. 85 (1866); Skidmore v. Grueninger, 506 F.2d 716, 721 (5th Cir.1975). What plaintiff overlooks, however, is that the presumption does not arise until a collision is first proven.

As in any negligence case, the plaintiff has the burden of establishing the causal connection between the defendant’s conduct and the injury sustained. The Second Circuit has recently considered this problem in the very context of a ship collision:

.... Essential to any negligence case is a showing by the plaintiff that the negligence of the defendant in fact caused plaintiff’s injury.

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Related

Spartan Dismantling v. Barges Hr 54 & 93
742 F.2d 1441 (Second Circuit, 1983)

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Bluebook (online)
561 F. Supp. 235, 1983 U.S. Dist. LEXIS 18130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spartan-dismantling-corp-v-barges-hr-54-hr-93-nyed-1983.