National Iranian Tanker Co. v. Tug Dalzell 2
National Iranian Tanker Co. v. Tug Dalzell 2
Opinion of the Court
This action was brought in the District Court for the Southern District of
In passing northward through Hell Gate, the tanker, a vessel 665' long, was required to turn sharply to starboard to round Hallets Point on the Long Island shore and avoid Negro Point on Wards Island, and then gently to port to follow the channel and avoid the Long Island shore. While south and west of Negro Point, she sighted a flotilla navigating southward, consisting of the tug and two carfloats, the NH 65 on the tug’s port and the NH 68 on the tug’s starboard. The flotilla was on its proper side of the channel and the tanker blew a port-to-port passing signal, 33 U.S.C. § 203, Rule I, which was not answered. Shortly thereafter the tanker “observed the flotilla begin to turn on its own axis in crab fashion with the port stern of the NH 65 swinging to her port out into the channel * * 284 F.Supp. at 453. This resulted from the captain’s having put the tug’s engines at stop and her wheel to starboard, id. at 456. As the flotilla approached the Triborough Bridge, “the movement towards mid-channel continued and became more rapid,” id. at 453. The tanker blew a danger signal and took avoiding action, not criticized by the tug, but the NH 65 hit the port side of the tanker some 80’ from her bow and the weight of the flotilla forced her onto the Long Island shore.
The court found that the collision occurred on the tanker’s side of the channel. It faulted the tug for failure to keep the flotilla on their own side and also for failing to blow a danger signal, 33 U.S.C. § 203, Rule III, when she became concerned over the tanker’s navigation.' While the tug challenges the finding on the locus of the collision with the bow of the tanker, we have no question on that score; even if at the moment of collision the tanker’s stern protruded slightly over mid-channel, concerning which the judge found himself in doubt, 284 F.Supp. at 454, this was the result of a right rudder ordered in an effort to avoid the threat caused by the tug’s faults, was in the course of being corrected, and had no causal relation with the collision.
Somewhat more impressively the tug contends that her own maneuver was caused by the tanker’s having been on the wrong side of the channel when the tug first sighted her across Negro Point. The court seems to have found the contrary, saying in one passage that the tanker navigated around Hallets Point “to her starboard of the middle of the channel,” and in another “When the flotilla was first observed by the tanker, the tanker was in the middle or slightly to her starboard of the middle of the channel * * 284 F.Supp. at 453 & nn. 2 & 3. Appellants say this is inconsistent with a further finding that at that time “right rudder was ordered [by the tanker], and she proceeded on a course which would bring her towards the middle of the channel under the Triborough Bridge.” (Emphasis supplied.) But the judge had found that the sighting occurred “when the tanker had just rounded Hallets Point,” which places this maneuver at a point where the channel continued its sharp right swing. Right rudder was necessary to enable the tanker to follow the channel, and the statement that she
Since the conclusion that the tug was solely at fault is supportable on the grounds stated, we need not pass upon other reasons advanced by the district judge to justify refusal to divide the damages.
Affirmed.
Reference
- Full Case Name
- NATIONAL IRANIAN TANKER COMPANY (NEDERLAND), N. V., Owner of the TANK VESSEL REZA SHAH THE GREAT v. The TUG DALZELL 2 and Richard Joyce Smith, William J. Kirk and Harry W. Dorigan, as Trustees of the property of the New York, New Haven & Hartford Railroad Company
- Cited By
- 1 case
- Status
- Published