Home/D. Oregon/United States v. Port of Portland

United States v. Port of Portland

161 F. 193, 1908 U.S. Dist. LEXIS 374
CourtDistrict Court, D. Oregon
DecidedMarch 9, 1908
DocketNo. 4,856
StatusPublished
Cited by2 cases

This text of 161 F. 193 (United States v. Port of Portland) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Port of Portland, 161 F. 193, 1908 U.S. Dist. LEXIS 374 (D. Or. 1908).

Opinion

WOLVERTON, District Judge.

The libelant is seeking by this cause to recover damages sustained on account of a collision between the dredge Columbia, whUe in tow of the tug .McCraken, and the United States lighthouse tender Manzanita. Under orders from the superintendent of the Thirteenth Lighthouse District to proceed in haste to Astoria, the Manzanita left Portland between 13:15 and 1 p. m. on October 6, 1905. While on the way, and at a point a short distance above Westport reach light, the collision occurred of which complaint is made.

The Manzanita is a vessel of 450 tons, 155 feet in length, appraised as serviceable, and at the time was navigating with a full crew of men. The master and second mate were on the bridge, a lookout was at his proper station, the quartermaster at the helm, and an engineer at the engines. The vessel had her running lights lit, a white light at the masthead and another at the stern. She was drawing 11 feet 4 inches aft and 6 feet 6 inches forward. Waterford post light stands on the north bank of the Columbia river, at a bend near Waterford fishery, and is distant from the place of collision about 3.15 miles. On the opposite side of the river, a little more than a mile from the place of collision, is located the Westport stake or reach light. The former stands on a slight eminence, of GO to 75 feet, and the latter on the level beach, slightly higher than the surface of the water. The accustomed course of navigators in descending the Columbia river is to pass near the Waterford light, continuing beyond from a quarter to a half mile until the light is shut in by the stern, and then to head direct for Westport light; the latter course being southwest by west, or,, by some compasses, southwest by west half west, or southwest by half west. After passing in proximity to the Westport light, and beyond for some distance, the course is again changed so as to make the narrow channel running between Puget and Coflee Islands. It is established by the consensus of the evidence that the current of the stream runs near the north bank of the river 'passing Waterford post light, continuing on in that direction to about Cape Horn, where it sets over toward the Oregon shore, and approaches nearest thereto some distance below Westport light, when it again changes its course across the channel, and makes its way between the islands above designated, that being now the ship’s channel for the larger craft. I append hereto a rough map, being laid upon a section of government’s chart No. 6,143. The figures representing the soundings are not accurate for the present date, and are not relied upon for data in connection with the controversy:

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Bluebook (online)
161 F. 193, 1908 U.S. Dist. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-port-of-portland-ord-1908.