Harbor Towing Corp. v. SS Calmar
Harbor Towing Corp. v. SS Calmar
Opinion of the Court
In an interlocutory judgment as to liability, the district court found that both the Tug William E. Voyce, Jr., and the SS Calmar were at fault when they collided in the Brewerton Channel, Eastern Extension, of the Chesapeake Bay on February 6, 1972. Of course, the district court did not assess damages; but it, nevertheless, stated that in accordance with The Catharine v. Dickinson, 58 U.S. (17 How.) 170, 177, 15 L.Ed. 233 (1855), the present law would require the assessment of one-half of the total damages against each vessel. See also, Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 U.S. 282, 284, 72 S.Ct. 277, 96 L.Ed. 318 (1952). To this the court added that if it “were not bound by the existing [the Catharine] rule it would not require the Voyce to pay more than her own damage.” Harbor Towing Corporation v. Calmar Steamship Corporation, 364 F.Supp. 804, 807 (D.Md. 1973).
Both ships appeal, each claiming that the other was solely at fault. Additionally, the Voyce asserts that if the district court’s determination that both ships were at fault is affirmed, damages should nevertheless, be apportioned between the two according to fault rather than divided equally.
From our study of the record and consideration of the arguments, both written and oral, we conclude that the findings of the district court on which it predicated its judgment of liability are not clearly erroneous and the judgment is correct. We affirm on the opinion of the district court.
Affirmed.
Reference
- Full Case Name
- HARBOR TOWING CORPORATION v. SS CALMAR, her tackle, apparel, equipment, etc. and Calmar Steamship Corporation, a body corporate, Appellees HARBOR TOWING CORPORATION v. SS CALMAR, her tackle, apparel, equipment, etc., and Calmar Steamship Corporation, a body corporate
- Cited By
- 1 case
- Status
- Published