Union Oil Co. of California v. The Tugboat San Jacinto

451 F.2d 1369, 1972 A.M.C. 2684
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 2, 1971
DocketNo. 25775
StatusPublished
Cited by1 cases

This text of 451 F.2d 1369 (Union Oil Co. of California v. The Tugboat San Jacinto) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Union Oil Co. of California v. The Tugboat San Jacinto, 451 F.2d 1369, 1972 A.M.C. 2684 (9th Cir. 1971).

Opinion

EUGENE A. WRIGHT, Circuit Judge:

The appeal in this admiralty case requires us to consider the continuing vitality of the half-distance rule as the appropriate measure of the statutory com- ’ mand to go at moderate speed in fog. 33 U.S.C. § 192.

On Christmas Eve 1967 a Union Oil Company tanker, the Santa Maria, collided with a lumber barge towed by the tugboat San Jacinto. The vessels were moving in darkness (8:32 p. m.) through mist and fog in the narrow channel of the Columbia River between Waterford Light and Cooper Point, ten miles downstream from Longview, Washington. Both vessels sustained damage, and their owners brought libels and cross-libels in admiralty. The district court, 304 F.Supp. 519, held the tug and barge solely at fault and exonerated the Santa Maria. We reverse, since we have concluded that the fault of both vessels contributed to the collision.

The Santa Maria, fully loaded with 17,000 tons of petroleum products, proceeded upstream toward Portland on the Oregon side of the channel. As the tanker passed Waterford Light those aboard could sight her course ahead for one and a half to two miles through haze and slight drizzle. A thick bank of fog obscured a stretch of water upstream near the Washington shoreline, to the port side of the Santa Maria’s planned course. The vessel moved upstream at half speed, seven to eight knots, while nearing the fog bank.

The San Jacinto and its barge proceeded downstream through the low fog hugging the Washington bank, as a passing freighter informed the Santa Maria of the tug’s approach. The tanker’s pilot first sighted the tug, both visually and by radar, when the San Jacin-to was near Cooper Point, on the extreme Washington side of the channel. At that time the vessels were more than a mile apart. The tug then disappeared into the fog, breaking visual contact. The Santa Maria’s pilot did not follow the San Jacinto’s progress by radar, assuming apparently she would continue on her course along the Washington shore.

Meanwhile, those aboard the tug were unaware of the Santa Maria’s approach.

[1371]*1371The San Jacinto’s inexperienced crew attempted to feel their way through the fog by watching closely the contours of the adjacent shore, peering through the haze at the Washington bank and playing their radar on it. The district court found the tug at fault for neglecting to keep a proper lookout, failing to sound fog signals, and navigating too rapidly in the thick mist.

The tug crew suddenly glimpsed the range lights of a large ship looming through the fog less than a thousand feet ahead.1 The lights were off the tug’s starboard bow, or so the captain thought, leading him to believe the tanker had veered to the wrong side of the channel. Fearing imminent collision, the tug captain executed a sharp U-turn to his left and attempted to run upstream away from the tanker. The tugboat successfully negotiated the turn, but the heavy lumber barge behind it swung slowly around on its 250-foot line and sideslipped across the channel, striking the Santa Maria’s port bow.

The tanker’s watch had just resighted the San Jacinto when the tug began its erratic turn. The Santa Maria l’eacted quickly, putting its engines full astern and blowing danger signals. The barge smashed into the tanker’s bow one minute later. Estimates of the Santa Maria’s speed at the moment of impact range from three to seven knots.2

Evidence at the trial showed the tugboat had become disoriented in the fog and that the Santa Maria had remained well on the Oregon side of the channel. The district court found the tug captain had acted hastily and without sufficient cause in making the sudden turn that pulled the barge into the Santa Maria’s path. Had the tug continued downstream the vessels would have passed safely port to port.

Appellants concede the tug’s negligence, but seek a ruling of mutual fault. They contend that the tanker’s speed while approaching the lateral bank of fog violated long-established rules governing operation under conditions of reduced visibility.

I.

Article 16 of the Inland Rules, 33 U.S.C. § 192, reads in part:

Every vessel shall, in a fog, mist, falling snow, or heavy rainstorms, go at a moderate speed, having careful regard to the existing circumstances and conditions.

Although the statute does not define moderate speed, a well-recognized judicial gloss commands that “a vessel shall not proceed in a fog at a speed at which she cannot be stopped dead in the water in one-half the visibility before her.” The Silver Palm, 94 F.2d 754, 757 (9th Cir. 1937). This half-distance rule has long had the force of law in this Circuit.3

The Santa Maria’s speed was immoderate as measured by the half-distance rule. The trial court found that the tanker steamed ahead at half speed while approaching the edge of the fog bank. The chief mate testified that at half speed the ship would travel at seven to eight knots.

No more than 900 feet separated the vessels when the Santa Maria first saw the tug emerging from the fog. Although the Union Oil Company presented no evidence about her stopping capability, we think it fair to assume that a fully loaded tanker doing seven to eight knots could not conceivably come to a stop in 450 feet. The Santa Maria was still moving upstream at a speed between three and seven knots when the [1372]*1372barge struck her bow. And since the tug had turned back upstream and the barge was swinging across the channel sideways, the Santa Maria before impact had probably covered well over half the distance that initially separated the two vessels.

Appellees argue that the Santa Maria’s speed would have allowed it to stop well within the visibility ahead on her own course, which was one and a half to two miles. This observation misses the mark. The relevant distance was no more than 900 feet, the maximum distance separating the vessels when the tug emerged from the fog.

A vessel navigating near a fog bank owes the duty of one immersed in fog. The speed and visibility calculations must be performed:

“. . . with reference to the distance within which she could be brought to a stop in the water, before any course of any vessel emerging from the fog on either side would cross her projected course along the fog bank at its nearest point.” The Silver Palm, 94 F.2d 754, 767 (9th Cir. 1937) (emphasis in original).

II.

Appellees contend that the Santa Maria’s speed was not excessive because she had the San Jacinto in view or on radar at all times. The facts do not support this assertion. The pilot’s testimony showed he had not followed the tug’s progress on his radar screen, although he did make a radar sighting when the tug was over a mile upstream. The district court found,

“Prior to the collision the SS SANTA MARIA lost visual contact with the tug though she herself was out of the fog. When the SS SANTA MARIA was approaching abeam of Light No.

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