Boston Towboat Co. v. Winslow

No. 158
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 Massachusetts
Decided
Judge
WEBB, District Judge
Posture
Final decree entered by district court limiting liability of petitioners and holding tug solely responsible for collision
Petitioner/Appellant (owner of steam tug Yesta) (1)
Boston Towboat Co.
Lewis S. Dábney, Frederic Cunningham
v.
Respondents/Appellees (owners of schooner Jacob S. Winslow and barge Ellangowan) (1)
Winslow et al.
Alrnon A. Strout, William M. Richardson
Other parties: Joseph S. Harms and others, receivers — Receivers for barge Ellangowan

Overview

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

Case summary

This admiralty case involves a collision between the schooner Jacob S. Winslow and two barges towed by the steam tug Yesta in Vineyard Sound on October 16, 1893. The barge Ellangowan was badly damaged and beached, barge 56 suffered mast damage, and the schooner sustained forward damage. The district court held the tug solely responsible and limited its liability to the value of the tug and pending freight. On appeal, the Circuit Court of Appeals affirmed, holding that: (1) the schooner was not liable under the statute requiring vessels to stand by after collision, as it had reasonable cause given the circumstances including the presence of the tug and other assistance, and (2) the tug was solely responsible for the collision because it failed to keep clear of the schooner, attempting to pass to windward then changing course back to leeward, leaving a barge in the schooner's path.

Abstract

In this admiralty collision case, a schooner collided with two barges towed by a steam tug, damaging the barges and schooner. The district court held the tug solely responsible and limited its liability to the value of the tug and pending freight, a ruling affirmed on appeal. The appeals court found the schooner had reasonable cause not to stand by after the collision due to the presence of the tug and other assistance, and confirmed the tug's fault for failing to keep clear by changing course and placing a barge in the schooner's path.

Opinion of the court

Majority
opinion
WEBB, District Judgejoined by COLT, PUTNAM
  • Statute of September 4, 1890 imposes qualified obligation to stand by after collision
  • Schooner had reasonable cause for not standing by given circumstances
  • Tug was solely responsible for collision due to faulty navigation
  • Schooner properly held her course while tug failed to keep clear

Jurisdiction

not challenged
Subject matter
Admiralty jurisdiction over collision at sea
Jurisdictional facts
  • Collision occurred in Vineyard Sound between two vessels and barges
  • Libels filed in district courts of New York and Massachusetts
  • Petition for limitation of liability filed in Massachusetts district court

Procedural posture

Posture at trial
Final decree entered by district court limiting liability of petitioners and holding tug solely responsible for collision
Posture on appeal
Direct appeal from district court's final decree
Preserved issues
  • Responsibility for the collision
  • Application of statute of September 4, 1890 regarding failure to stand by

Legal categories

Business

Case record

Full case name
BOSTON TOWBOAT CO. v. WINSLOW et al.
Docket number
No. 158
Court
Circuit Court of Appeals, First Circuit
Trial court
District Court of the United States for the District of Massachusetts
Decided
Opinion author
WEBB, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
COLTPUTNAMWEBB

Issues & holdings

2
Issues raised
2
affirmed
2
Holdings
Standard of review

de novo

Disposition rationale

Court found schooner had reasonable cause for not standing by given circumstances

Preservation

Issue preserved for review

Standard of review

clearly erroneous

Disposition rationale

Court found tug attempted to pass to windward then changed course, leaving barge in schooner's path

Preservation

Issue preserved for review

Holdings of the court

Application of statute requiring vessels to stand by after collision
Schooner not liable under statute of September 4, 1890 for failing to stand by and render assistance
Statute imposes qualified obligation; master must consider safety of own vessel; schooner had reasonable cause given presence of tug, other barge, near land, smooth sea, and need to assess own damage
unanimousbinding precedent
Responsibility for collision
Steam tug Yesta solely liable for collision
Schooner held her course as required; tug had duty to keep clear; tug attempted to pass to windward then changed course back to leeward, leaving barge in schooner's path
unanimousbinding precedent

Error analysis

  • District court erred in finding schooner not liable under statute requiring vessels to stand by after collision — evidentiary · no error foundnot applicable
  • District court erred in finding tug solely responsible for collision — evidentiary · no error foundnot applicable

Statutory interpretation

1
Statute
Statute of September 4, 1890, § 1 (26 Stat. 425)
Question
Whether statute imposes absolute duty to stand by after collision or qualified obligation
Court's reading
Statute imposes qualified obligation; master must consider safety of own vessel; reasonable cause excuses failure; penalty only applies in absence of proof to contrary
Canons applied
Strict construction of penal statutes

Burden of proof

Prosecution burden
Preponderance of evidence in civil admiralty case
Burden met
true

Standards of review

  • Interpretation of statute of September 4, 1890 — de novo Statutory interpretation reviewed de novo
  • Findings of fact regarding navigation and collision — clearly erroneous Factual findings reviewed for clear error

Timeline

5
Events
1,065
Days, incident to ruling
—
Span
factual eventcited in opinion

Collision between schooner Jacob S. Winslow and two barges towed by steam tug Yesta in Vineyard Sound

Underlying incident giving rise to the litigation

Schooner Jacob S. Winslow · Steam tug Yesta · Barge Ellangowan · Barge 56 Vineyard Sound, southward and westward of Tarpaulin Cove
procedural eventcited in opinion

Owners of Ellangowan file libel in New York against both schooner and tugboat

Initial filing in the litigation

trial court
procedural eventcited in opinion

Owners of Winslow libel tugboat in district of Massachusetts

Second filing in the litigation

trial court
procedural eventcited in opinion

Owners of Yesta file petition for limitation of liability in Massachusetts district court

Petition seeking to limit liability to value of tug and pending freight

trial court
appeal eventcited in opinion

Circuit Court of Appeals affirms district court decree

Outcome: Affirmed

Final disposition of the appeal

appellate court

Facts & evidence

Incident

Date
Location
Vineyard Sound, southward and westward of Tarpaulin Cove, between two and four miles offshore

Key facts

10 facts
  1. Collision between schooner Jacob S. Winslow and two barges (Ellangowan and barge 56) towed by steam tug Yesta
  2. Ellangowan loaded with coal was badly injured and beached
  3. Barge 56 had masts carried away and slight damage
  4. Schooner lost stem and suffered forward damage totaling $1,077.40
  5. Night was dark but clear with no fog or mist
  6. Wind was six-knot breeze or less
  7. Sea was smooth
  8. Schooner was sailing west-southwest without cargo or ballast
  9. Tug was towing two barges east-northeast at about four knots
  10. Length of tug and tow was about 1,500 feet

Procedural history

5 steps
  1. Owners of Ellangowan filed libel in New York against schooner and tug
  2. Owners of Winslow libeled tug in Massachusetts district court
  3. Owners of Yesta filed petition for limitation of liability in Massachusetts district court
  4. District court entered final decree limiting liability and holding tug solely responsible
  5. Appeal to Circuit Court of Appeals

Evidence in the record

Direct
  • Testimony of schooner's captain, first officer, and wheelsman that schooner held her course
  • Testimony of tug captain that barges had lights set
Testimonial
  • Conflicting testimony about wind direction and speed of schooner
  • Testimony about lights on barges
Documentary
  • Petition for limitation of liability
  • Libels filed in district courts
Circumstantial
  • Position of vessels after collision
  • Extent of damage to vessels
Challenged
  • Evidence type: Testimony about lights on barge 56 · Challenge basis: Contradiction between witnesses · Trial court ruling: admitted · Reasoning: Court found no willful untruthfulness and deemed issue not material to navigation · Challenged on appeal: true · Appellate outcome: affirmed

Jury

Verdict
Not applicable - admiralty case decided by court without jury

Sentencing

Sentence imposed
Decree limiting liability to value of tug and pending freight
Restitution ordered
Damages decreed to barge Ellangowan and schooner Jacob S. Winslow

Objects of relevance

Schooner Jacob S. Winslow (four-master, 865 tons)Steam tug YestaBarge Ellangowan (loaded with coal)Barge 56

Authorities

Cited authorities (3)

The Hercules, 70 Fed. 334
distinguisheddistinguished
Cited as example where vessel was held liable for failing to stand by after collision in fog
The Kenilworth, 64 Fed. 890
distinguisheddistinguished
Cited as example where vessel was held liable for failing to stand by after collision in fog
The Robert Graham Dunn, 63 Fed. 167
distinguishedquoteddistinguished
Cited as example where vessel was held liable for failing to stand by after collision

Related cases (3)

The Hercules, 70 Fed. 334
prior appeal
Vessel held liable for failing to stand by after collision in fog
The Kenilworth, 64 Fed. 890
prior appeal
Vessel held liable for failing to stand by after collision in fog
The Robert Graham Dunn, 63 Fed. 167
prior appeal
Vessel held liable for failing to stand by after collision

Statutes

  • Statute of September 4, 1890, § 1 (26 Stat. 425) - duty to stand by after collision

Standards & doctrines

  • Qualified obligation to stand by after collision
  • Duty to keep clear for vessel with right of way

Legal principles applied

  • Strict construction of penal statutes
  • Master's duty to consider safety of own vessel when deciding whether to stand by
Index terms79
Summary terms
Legal mechanisms
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Various actors
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Legal procedures
Legal remedies
Legal evidence
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
affirmed
Target
district court decree
Appealed from
District Court of the United States for the District of Massachusetts
Context
Circuit Court of Appeals affirms district court's decree limiting liability and holding tug solely responsible for collision
Scope
full
Disposition vote
unanimous
Search facets
Parties
Judges
ColtPutnamWebb
Courts
Locations
Statutes cited