Jones v. Mann

No. 160
Decided Circuit Court of Appeals, Fourth Circuit
Disposition
affirmed
full scope · unanimous
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Court
District Court of the United States for the Eastern District of Virginia
Decided
Judge
FIMGATON, Circuit Judge
Posture
Decree against steamer Lucy for damages from collision
Defendants (3)
Joseph J. Junes, master and claimant of the Lucy
Alfred 1\ Thom
v.
Plaintiffss (2)
Mann et al., claimants of the Spring Garden
Robert M. Hughes
Other parties: Other appellees — Plaintiffs

Overview

The decree of the district court is affirmed.

Case summary

This admiralty case involves a collision between the steamer Lucy and the barge Aunt Betty, which was in tow of the tug Spring Garden in Pamlico river on December 11, 1892. The tug was towing five barges and two schooners (~700 feet total length) when the Lucy approached from the opposite direction. After signaling, the Lucy went to the east side of the channel while the tug ported toward the west side. The tug and first barge passed safely, but the Lucy collided with the Aunt Betty, causing it to sink. The district court absolved the tug but held the Lucy liable for all damages. On appeal, the Circuit Court affirmed, holding that the steamer, as the unincumbered vessel in full control, had the duty to keep out of the way of the tug and tow, and the burden was on the Lucy to show she took every precaution and chose the right side of the channel to avoid risk, which she failed to do.

Abstract

A steamer collided with a barge in tow of a tug in a river channel during opposing navigation, causing the barge to sink. The district court held the steamer fully liable and absolved the tug, a ruling affirmed on appeal. The steamer, as the unencumbered vessel in full control, bore the duty to keep out of the way of the tug and tow and failed to prove it took every precaution or chose the safe side of the channel.

Opinion of the court

Majority
opinion
FIMGATON, Circuit Judge
  • Testimony was conflicting; trial judge's conclusion entitled to great respect
  • Steamer Lucy had duty to keep out of way of approaching tug and heavy tow
  • Burden on Lucy to show she took every precaution and chose right side of channel
  • Lucy failed to meet this burden to satisfaction of trial or appellate court

Jurisdiction

not challenged
Subject matter
Admiralty
Jurisdictional facts
  • Appeal in admiralty from district court

Procedural posture

Posture at trial
Decree against steamer Lucy for damages from collision
Posture on appeal
Direct appeal from district court decree
Preserved issues
  • Merits of appeal regarding liability for collision

Legal categories

Business

Case record

Full case name
THE LUCY. JONES v. MANN et al.
Docket number
No. 160
Court
Circuit Court of Appeals, Fourth Circuit
Trial court
District Court of the United States for the Eastern District of Virginia
Decided
Opinion author
FIMGATON, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
GOFFF I MONTON

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

Great respect to trial judge's findings on conflicting evidence

Disposition rationale

Lucy failed to show she took every precaution and chose right side of channel to avoid risk

Preservation

Issue preserved for review

Holdings of the court

Liability for collision between steamer and tug with tow
Steamer meeting tug with tow in channel must keep out of way; if collision ensues, burden is on steamer to show she took every precaution and chose right side of channel to avoid risk
Lucy was unincumbered steamer in full control, had choice between east and west sides, chose east side but collision occurred; failed to show this was only safe side or that she took every precaution
binding precedent

Error analysis

  • Trial court erred in finding Lucy liable for collision — procedural · no error foundnot applicable

Burden of proof

Prosecution burden
Preponderance of evidence (civil admiralty)
Defence burden
Burden on steamer to show she took every precaution and chose right side of channel
Burden met
false

Standards of review

  • Trial judge's findings on conflicting evidence — clearly erroneous Trial judge examined witnesses in open court, saw and heard them; his conclusion entitled to great respect

Timeline

2
Events
1,264
Days, incident to ruling
—
Span
factual eventcited in opinion

Collision between steamer Lucy and barge Aunt Betty in tow of tug Spring Garden in Pamlico river channel

Underlying incident giving rise to liability claim

Liability for collision
Steamer Lucy · Tug Spring Garden · Barge Aunt Betty Blackwater flats, Pamlico river
appeal eventcited in opinion

Circuit Court of Appeals affirms district court decree holding Lucy liable

Outcome: Affirmed

Final disposition on appeal

Liability for collision
Circuit Judges GOFF · F I MONTON appellate court

Facts & evidence

Incident

Date
Location
Blackwater flats, Pamlico river, dredged channel about 100 yards wide

Key facts

7 facts
  1. Tug Spring Garden was towing five barges and two schooners (total length ~700 feet) from Norfolk to North Carolina
  2. Steamer Lucy approached from opposite direction in channel
  3. Tug signaled with two whistles, not heard/observed by Lucy
  4. Lucy signaled one whistle (intent to pass port), tug assented and ported toward west side
  5. Lucy went to east side, slowed/stopped
  6. Tug and first barge passed safely
  7. Lucy collided with barge Aunt Betty (port barge of second pair), causing it to sink

Disputed questions

  • Whether Lucy stopped or proceeded on course after going to east side

Procedural history

5 steps
  1. Libel filed by owners of barge Aunt Betty against steamer Lucy and tug Spring Garden
  2. District court absolved tug, held Lucy liable for all damages
  3. Appeal taken by master/claimant of Lucy
  4. Motion to dismiss appeal for delay in filing transcript previously denied
  5. Case heard on merits of appeal

Evidence in the record

Testimonial
  • Conflicting testimony from witnesses about whether Lucy stopped or proceeded
Challenged
  • Evidence type: Witness testimony · Challenge basis: Conflicting accounts · Trial court ruling: admitted · Reasoning: Trial judge examined witnesses in open court · Challenged on appeal: false

Jury

Verdict
Not applicable (admiralty case decided by judge)

Sentencing

Sentence imposed
Decree against Lucy for full damages occasioned by collision
Sentence type
discretionary

Objects of relevance

Steamer LucyTug Spring GardenBarge Aunt BettyDredged channel ~100 yards wide

Authorities

Cited authorities (4)

6 C. C. A. 54, 86 Fed. 621
followedprecedent
Cited for principle that trial judge's conclusion in conflict of evidence is entitled to great respect
9 Wall. 672
appliedprecedent
Cited for duty of unincumbered steamer to keep out of way of approaching tug and tow
21 How. 372
comparedprecedent
Cited for burden on steamer to show chosen side was only safe side
18 O. C. A. 442, 72 Fed. 85
affirmedprior appeal
Prior motion to dismiss appeal for delay denied; case affirmed

Standards & doctrines

  • Great respect to trial judge's findings on conflicting evidence

Legal principles applied

  • Trial judge's findings on conflicting evidence entitled to great respect
Index terms47
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Procedural terms
Entities and documentation
Legal actions
Action type
affirmed
Target
Decree of district court holding steamer Lucy liable for damages
Appealed from
District Court of the United States for the Eastern District of Virginia
Context
Circuit Court affirms district court decree, holding steamer failed to meet burden to show she took every precaution and chose right side of channel
Scope
full
Disposition vote
unanimous
Search facets
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Judges
GoffMonton
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