Gould v. Davis

Nos. 164 and 165
Decided Circuit Court of Appeals, First Circuit
Disposition
affirmed
full scope · unanimous
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Court
District Court of the United States for the District of Maine
Decided
Judge
PER CURIAM
Posture
Libels for damages from collision, with district court finding both vessels at fault and dividing damages
Defendant/Claimant (1)
Horace W. Gould (claimant for steamship Louisburg)
Lewis 8. Dabney, Clarence Hale
v.
Libelants/Plaintiffss (2)
Walter L. Davis et al. (Portland Packing Company) and William E. Morris et al. (owners of schooner Valorous)
Joseph Bimonds, David W. 8now, Charles B. Cook, lienj. Thompson

Overview

The decree of the district court is affirmed, with interest, and with costs for the appellees in this court.

Case summary

This admiralty case involves a collision in dense fog between the steamship Louisburg and the schooner Valorous. The schooner's owners and cargo owners filed libels for damages. The district court found both vessels at fault: the schooner for lacking a required mechanical fog horn and failing to show this did not contribute to the collision, and the steamer for excessive speed (at least 7 knots) in fog so thick the schooner was visible only about 100 yards away. The schooner's change of course upon suddenly seeing the steamer was excused as fault in extremis. The Circuit Court of Appeals affirmed, holding the steamer's speed was excessive as it prevented necessary control to avoid collision. Damages were divided between both vessels.

Abstract

This admiralty case arises from a collision in dense fog between a steamship and a schooner, where both vessels were found at fault by the district court—the schooner for lacking a required mechanical fog horn and the steamer for excessive speed preventing control to avoid collision. The schooner's sudden change of course was excused as fault in extremis. The appellate court affirmed, dividing damages between both vessels with interest and costs awarded to appellees.

Opinion of the court

Majority
opinion
PER CURIAMjoined by COLT, NELSON, CARPENTER
  • Steamship at fault for excessive speed in fog
  • Schooner at fault for lack of proper fog horn
  • Change of course excused as fault in extremis
  • Damages divided

Jurisdiction

not challenged
Subject matter
Admiralty jurisdiction over collision between vessels
Jurisdictional facts
  • Collision occurred between steamship Louisburg and schooner Valorous
  • Libels filed in District Court of Maine for damages

Procedural posture

Posture at trial
Libels for damages from collision, with district court finding both vessels at fault and dividing damages
Posture on appeal
Direct appeals from district court decrees
Preserved issues
  • Whether steamship Louisburg was at fault for excessive speed in fog

Legal categories

Business

Case record

Full case name
THE LOUISBURG. GOULD v. DAVIS et al. SAME v. MORRIS et al.
Docket number
Nos. 164 and 165
Court
Circuit Court of Appeals, First Circuit
Trial court
District Court of the United States for the District of Maine
Decided
Opinion author
PER CURIAM
Opinion type
per curiam
Precedential status
precedential
Judges on panel
COLTNELSONCARPENTER

Issues & holdings

1
Issues raised
1
affirmed
4
Holdings
Standard of review

Not explicitly stated, but implied de novo review of legal conclusions

Disposition rationale

Court agreed with district court that speed of at least 7 knots was excessive given fog density

Preservation

Issue preserved for review

Holdings of the court

Steamship's speed in fog
Steamship Louisburg was at fault for excessive speed (at least 7 knots) in dense fog
Speed prevented steamer from having necessary control to avoid collision given visibility limited to about 100 yards
unanimousbinding precedent
Schooner's lack of proper fog horn
Schooner Valorous was at fault for lacking required mechanical fog horn, failing to show this did not contribute to collision
Burden on schooner to prove absence of proper horn did not contribute; not met because earlier whistles might have been heard
unanimousbinding precedent
Schooner's change of course
Schooner's change of course was excusable as fault in extremis
Made under extremity when large steamer suddenly loomed out of fog heading directly at her, with little time to decide
unanimousbinding precedent
Division of damages
Damages must be divided between both vessels
Both vessels at fault; cargo owners entitled to full compensation and may collect from either party
unanimousbinding precedent

Error analysis

  • District court erred in finding steamer at fault for excessive speed — evidentiary · no error foundNot applicable · not applicable

Burden of proof

Prosecution burden
Preponderance of evidence in civil admiralty case
Defence burden
Schooner had burden to show lack of proper fog horn did not contribute to collision
Burden met
false

Standards of review

  • Fault determination for excessive speed — de novo Court reviewed district court's legal conclusion on fault

Timeline

2
Events
181
Days, incident to ruling
—
Span
trial eventcited in opinion

District court trial before Judge WEBB, oral opinion delivered finding both vessels at fault

Outcome: Both vessels found at fault; damages to be divided

Established factual findings and legal conclusions appealed

Excessive speed in fogLack of proper fog hornChange of course
Judge WEBB · Lewis 8. Dabney · Clarence Hale · Joseph Bimonds · David W. 8now · Charles B. Cook · lienj. Thompson trial court
appeal eventcited in opinion

Circuit Court of Appeals issues per curiam opinion affirming district court

Outcome: Decree affirmed

Final disposition of appeals

Excessive speed in fog
COLT · NELSON · CARPENTER appellate court

Facts & evidence

Incident

Location
At sea, near Scatari

Key facts

7 facts
  1. Collision between steamship Louisburg (1,200 tons) and schooner Valorous (57 tons) in dense fog
  2. Fog so thick schooner visible only about 100 yards
  3. Steamer speed at least 7 knots through water
  4. Schooner lacked required mechanical fog horn, had substitute sound apparatus
  5. Schooner changed course upon seeing steamer looming suddenly
  6. Steamer sounded whistle including long blast and three short blasts (engine reversal) heard by schooner
  7. Lookout on schooner was deaf and inadequate

Disputed questions

  • Whether steamer's earlier whistles were heard by schooner
  • Exact speed of steamer
  • Whether schooner's change of course contributed to collision

Procedural history

3 steps
  1. Libels filed by cargo owners (Davis et al.) and schooner owners (Morris et al.) against steamship Louisburg
  2. District court found both vessels at fault and divided damages
  3. Appeals taken to Circuit Court of Appeals

Evidence in the record

Direct
  • Testimony from crew of both vessels about fog density, speed, signals
Testimonial
  • Witnesses from steamer testified whistles were blown
  • Witnesses from schooner denied hearing whistles (except for long blast and three short blasts)
Circumstantial
  • Estimate of speed based on engine revolutions and distance
  • Inference that lack of proper fog horn contributed because earlier whistles might have been heard
Challenged
  • Evidence type: Testimony about steamer's speed calculations · Challenge basis: unreliability · Trial court ruling: excluded · Reasoning: District court found calculations delusive and untrustworthy due to lack of exact measurements · Challenged on appeal: false

Jury

Verdict
Not applicable (admiralty case tried to court)

Sentencing

Sentence imposed
Division of damages between vessels
Sentence type
discretionary
Restitution ordered
Full compensation to cargo owners

Objects of relevance

Steamship Louisburg (1,200 tons)Schooner Valorous (57 tons)Mechanical fog horn (required but absent)Substitute sound apparatus on schooner

Authorities

Statutes

  • Laws requiring mechanical fog horn for schooners
  • Rules prescribing whistle for steamers

Standards & doctrines

  • Moderate speed rule in fog
  • Fault in extremis
  • Burden of proof for deficient equipment

Legal principles applied

  • Sailing vessel must keep course, steamer must keep clear
  • Vessels must have prescribed sound signals in fog
  • Speed must allow control to avoid collision in fog
Index terms79
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Entities and documentation
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Action type
affirmed
Target
decree of the district court
Appealed from
District Court of the United States for the District of Maine
Context
Circuit Court of Appeals affirmed the district court's decree finding both vessels at fault and dividing damages
Scope
full
Disposition vote
unanimous
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CarpenterColtNelson
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