Hendry v. Ocean Steamship Co.

No. 171
Decided Circuit Court of Appeals, First Circuit
Disposition
affirmed in part
full scope · unanimous
Scan to open on mobileScan to open on another device
Court
District Court of the United States for the District of Massachusetts
Decided
Judge
PUTNAM, Circuit Judge
Posture
Decree entered by district court finding mutual fault and awarding half damages with recoupment
Libelantss (4)
Abram W. Hendry et al., owners, master, and crew of the schooner Golden Rule
Eugene P. Carver, Edward E. Blodgett
v.
Respondents (2)
Ocean Steamship Company, claimant of the steamer Chattahoochee
Chas. T. Russell

Overview

The decree of the district court is modified with reference to distribution between owners/master and mate/crew of the Golden Rule, and with this exception is affirmed without interest. The appellee is adjudged its costs in this court, and the case is remanded to the district court for proceedings in accordance with this order.

Case summary

This admiralty case involves a collision in fog south of Nantucket Shoals on July 20, 1894, between the US steamer Chattahoochee and the British schooner Golden Rule. The schooner was sunk and totally lost with its cargo of sugar and molasses. The district court found mutual fault: both vessels were proceeding at excessive speed in fog. The steamer did not appeal its fault finding. The schooner appealed, challenging its fault finding, the equal division of damages, and the application of the Harter Act. The Circuit Court of Appeals affirmed the schooner's fault, holding it was making 5-6 knots with practically all sail set in fog, which was excessive under navigation rules. The court rejected apportionment of damages by degree of fault, applied the general admiralty rule of equal division, and held the Harter Act does not govern collision claims between vessels. The court modified the decree sua sponte to protect the seamen (mate and crew), exonerating their awards from recoupment and giving them priority over owners and master.

Abstract

In this admiralty collision case during fog, both vessels were found at fault for excessive speed, leading to the sinking of one schooner and its cargo. The appellate court affirmed the schooner's fault, rejected proportional damage apportionment in favor of equal division under general admiralty rules, and held the Harter Act inapplicable to inter-vessel collision claims. The decree was modified to prioritize and protect awards to the schooner's mate and crew over owners and master, with the case remanded for further proceedings.

Opinion of the court

Majority
opinion
PUTNAM, Circuit Judgejoined by COLT, WEBB
  • Schooner at fault for excessive speed in fog
  • Presumption rule inapplicable
  • Equal division of damages applies, not apportionment
  • Harter Act does not govern collision claims
  • Seamen's awards protected from recoupment

Jurisdiction

not challenged
Subject matter
Admiralty jurisdiction over collision at sea
Jurisdictional facts
  • Collision occurred south of Nantucket Shoals in coast waters
  • Vessels were enrolled vessels of the United States and British registry

Procedural posture

Posture at trial
Decree entered by district court finding mutual fault and awarding half damages with recoupment
Posture on appeal
Direct appeal from district court decree
Preserved issues
  • Fault of schooner for excessive speed in fog
  • Application of Harter Act
  • Division of damages and recoupment
  • Priority of seamen's awards

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
THE CHATTAHOOCHEE. HENDRY et al. v. OCEAN STEAMSHIP CO.
Docket number
No. 171
Court
Circuit Court of Appeals, First Circuit
Trial court
District Court of the United States for the District of Massachusetts
Decided
Opinion author
PUTNAM, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
COLTPUTNAMWEBB

Issues & holdings

5
Issues raised
4
affirmed
1
modified
5
Holdings
Standard of review

Clearly erroneous

Disposition rationale

Schooner was making 5-6 knots with practically all sail set in fog, which was excessive under navigation rules

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Rule has no application where fault on both sides is determinable from ascertainable facts

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Apportionment inapplicable where fault of each vessel is same character (excessive speed in fog)

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Harter Act does not apply to collision claims between vessels; general admiralty rule of division of damages governs

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Court modified decree sua sponte to exonerate mate and crew from recoupment, giving priority to their awards

Preservation

Issue not preserved

Holdings of the court

Fault of schooner for excessive speed
Schooner was at fault for proceeding at 5-6 knots with practically all sail set in fog
Navigation rules require moderate speed in fog; current decisions condemn sailing vessels proceeding at full speed in fog; schooner could have shortened sail while maintaining steerage way
unanimousbinding precedent
Application of presumption rule
Presumption rule when one vessel clearly at fault does not apply
Rule applies only when fault is clear from uncontradicted testimony; here fault on both sides is determinable from ascertainable facts
unanimousbinding precedent
Apportionment of damages by degree of fault
Equal division of damages applies, not apportionment
Where fault is same character (excessive speed in fog), admiralty's rusticum judicium requires equal division; The Victory if construed otherwise would not control
unanimousbinding precedent
Application of Harter Act to collision claims
Harter Act does not apply to prevent recoupment of cargo damages in mutual fault collision
Harter Act governs bill of lading/contract of carriage relations, not collision claims between vessels; The North Star and The Manitoba establish general admiralty rule of division of damages applies
unanimousbinding precedent
Priority of seamen's awards
Decree modified to exonerate mate and crew from recoupment, giving priority to their awards
Seamen are wards of admiralty court; mate and crew not responsible for navigation fault; court acts sua sponte to protect them
unanimousbinding precedent

Error analysis

  • District court erred in finding schooner at fault for excessive speed — evidentiary · no error found
  • District court erred in applying equal division of damages rather than apportionment — procedural · no error found
  • District court erred in allowing recoupment of cargo damages under Harter Act — procedural · no error found

Statutory interpretation

2
Statute
International rules of navigation (Rev. St. § 4233)
Question
What constitutes 'moderate speed' for sailing vessel in fog
Court's reading
Speed must allow vessel to keep steerage way but not full speed; 5-6 knots with all sail set in fog is excessive
Canons applied
Plain meaningPractical exigencies of safety
Statute
Harter Act (27 Stat. 445, § 3)
Question
Whether applies to foreign vessels and collision claims between vessels
Court's reading
Act governs bill of lading/contract of carriage relations, not collision claims; may not extend to foreign vessels
Canons applied
General purview limits letterHistorical intent for domestic commerce

Burden of proof

Prosecution burden
Preponderance of evidence in civil admiralty
Burden met
true

Standards of review

  • Findings of fact on fault and speed — clearly erroneous Court agrees with district court findings of fact
  • Legal interpretation of navigation rules and Harter Act — de novo Legal questions reviewed de novo

Timeline

5
Events
694
Days, incident to ruling
—
Span
factual eventcited in opinion

Steamer Chattahoochee left Boston, chose to go outside due to foggy weather rather than through Vineyard Sound

Estishes course taken leading to collision area

Chattahoochee Boston
factual eventcited in opinion

Collision occurred about 4 AM between Chattahoochee and Golden Rule in fog south of Nantucket Shoals

Outcome: Golden Rule sunk and totally lost with cargo

Central factual event giving rise to litigation

Chattahoochee · Golden Rule South of Nantucket Shoals
factual eventcited in opinion

Fog set in at least an hour before collision, was low/surface fog

Estishes weather conditions requiring moderate speed under navigation rules

Collision area
procedural eventcited in opinion

District court entered decree finding mutual fault, awarding half damages with recoupment of half cargo value

Outcome: Decree for libelants but with recoupment

Trial court decision appealed from

District Court trial court
appeal eventcited in opinion

Circuit Court of Appeals issued opinion affirming with modification regarding priority of seamen's awards

Outcome: Affirmed with modification

Appellate decision resolving issues

Circuit Court of Appeals appellate court

Facts & evidence

Incident

Date
Location
South of Nantucket Shoals, coast waters resorted to by coastwise traffic

Key facts

9 facts
  1. Collision occurred about 4 AM in fog between steamer Chattahoochee (US, Boston to Savannah) and schooner Golden Rule (British, Porto Rico to Boston)
  2. Schooner was deeply loaded with sugar and molasses
  3. Fog set in at least an hour before collision, was low/surface fog
  4. Schooner saw steamer's masts 2000 feet away but hull concealed
  5. Misunderstanding of signals: schooner sounded three blasts (wind abaft beam) but steamer heard as single blast (starboard tack)
  6. Steamer reduced speed 4-5 mph and went to starboard
  7. Both vessels proceeding at excessive speed in fog
  8. Schooner making 5-6 knots with practically all sail set
  9. Schooner sunk and totally lost with cargo

Procedural history

4 steps
  1. Libel filed by schooner owners, master, and crew against steamer
  2. District court found mutual fault
  3. Decree awarded half damages to libelants but allowed steamer to recoup half cargo value
  4. Appeal to Circuit Court of Appeals

Evidence in the record

Physical
  • Schooner hull was white, may have aided concealment in fog
  • Schooner under all sail except lower half of square sail
Testimonial
  • Master of schooner testified he supposed he was just about out of line of ocean steamers
  • Master admitted schooner making between five and six knots
  • Other witnesses claimed more speed
Challenged
  • Evidence type: Testimony about schooner's speed · Challenge basis: Whether speed was excessive under navigation rules · Trial court ruling: admitted · Reasoning: Court found speed excessive based on testimony and navigation rules · Challenged on appeal: true · Appellate outcome: affirmed

Jury

Verdict
Not applicable - admiralty bench trial

Sentencing

Sentence challenged on appeal
false

Objects of relevance

Schooner Golden Rule (British topsail schooner of 200 tons net register)Cargo of sugar and molasses on Golden Rule (totally lost in collision)Steamer Chattahoochee (1,887 tons register US vessel)

Policy considerations

  • Due regard for human life in navigation
  • General expediency of equal division of damages to avoid interminable litigation
  • Protection of seamen as wards of admiralty

Authorities

Cited authorities (8)

The Zadok, 9 Prob. Div. 114
followedquotedprecedent
Cited for rule that sailing vessel with all canvas set in fog is not at moderate speed
Sir J. Hannen found bark going 'faster than five knots' and infringed rule
The North Star, 106 U. S. 17
appliedquotedprecedent
Cited for rule that division of damages in mutual fault collisions involves single liability for moiety of difference, not cross liabilities
Court lays down principle that entire damage is added together and equally divided
The Manitoba, 122 U. S. 97
followedprecedent
Cited as reaffirming The North Star on division of damages
The City of New York, 147 U. S. 72
distinguishedprecedent
Cited for presumption rule when one vessel clearly at fault
Rule has no application where fault on each side determinable from facts
The Oregon, 158 U. S. 186
distinguishedprecedent
Cited for presumption rule when one vessel clearly at fault
Rule has no application where fault on each side determinable from facts
The Victory, 68 Fed. 895
questionedprecedent
Cited for possible apportionment of damages by degree of fault
If construed as claimed, would not control where fault same character
The Martello, 39 Fed. 505
distinguishedprecedent
Cited by schooner to support speed not contributing fault
Question is pure fact; case reversed by Supreme Court anyway
The Beta, 9 Prob. Div. 134
followedprecedent
Cited for rule that speed more than needed to keep steerage way in fog is not moderate

Related cases (6)

The Zadok, 9 Prob. Div. 114
prior appeal
Cited for rule on moderate speed in fog
The North Star, 106 U. S. 17
prior appeal
Applied for rule on division of damages in mutual fault collisions
The Manitoba, 122 U. S. 97
prior appeal
Reaffirmed The North Star
The City of New York, 147 U. S. 72
prior appeal
Cited for presumption rule when one vessel clearly at fault
The Oregon, 158 U. S. 186
prior appeal
Cited for presumption rule when one vessel clearly at fault
The Victory, 68 Fed. 895
prior appeal
Cited for possible apportionment of damages by degree of fault

Statutes

  • International rules of navigation (Rev. St. § 4233) requiring moderate speed in fog
  • Harter Act (27 Stat. 445, § 3) governing carrier liability but held inapplicable to collision claims

Standards & doctrines

  • Moderate speed rule for vessels in fog under navigation statutes
  • Equal division of damages doctrine in mutual fault collisions (rusticum judicium)
  • Seamen as wards of admiralty doctrine

Legal principles applied

  • Presumption rule when one vessel clearly at fault does not apply where fault on both sides determinable from facts
  • Seamen are wards of the court in admiralty entitled to protective treatment

Notable quotes

“Therefore the vessels were navigating waters to which a due regard for human life requires a strict application of the statutory rule of 'moderate speed' in a fog or mist.”
majority — Discussing navigation rules in fog
Emphasizes safety purpose of moderate speed rule
“Seamen are the wards of the court in admiralty”
majority — Modifying decree to protect seamen's awards
States protective principle for seamen in admiralty
Index terms85
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
affirmed in part
Target
district court decree finding mutual fault and awarding half damages with recoupment
Appealed from
District Court of the United States for the District of Massachusetts
Context
Court affirms district court on fault findings, division of damages, and Harter Act application
Scope
full
Disposition vote
unanimous
Action type
modified
Target
district court decree regarding distribution between owners/master and mate/crew
Appealed from
District Court of the United States for the District of Massachusetts
Context
Court modifies decree sua sponte to exonerate mate and crew from recoupment, giving priority to their awards
Scope
in part
Further instructions
Decree modified so sums awarded mate and crew are exonerated by and have priority over amounts awarded owners and master
Disposition vote
unanimous
Action type
remanded
Target
case to district court
Appealed from
District Court of the United States for the District of Massachusetts
Context
Case remanded for proceedings in accordance with appellate opinion
Scope
further proceedings
Disposition vote
unanimous
Search facets
Parties
Judges
ColtPutnamWebb
Courts
Locations
Statutes cited