(Download) "Chemical Transporter Inc. v. M. Turecamo Inc." by United States Court Of Appeals Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Chemical Transporter Inc. v. M. Turecamo Inc.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 29, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
HAND, Circuit Judge. This is an appeal by the respondents from a decree of Judge Clancy, holding the respondents' tug liable for the capsizing of the libellant's barge which she had in tow at the time. The barge was made of steel and was laden with ""molten sulphur,"" a substance which will flow somewhat sluggishly as the barge rolls in the water. The sulphur filled four tanks each running athwartships, and the barge had also two fore and aft trimming tanks outside the cargo tanks. She was about 229 feet long, 42 feet wide and 15 feet in depth with both ends raked, and when loaded she drew 12 or 13 feet forward, and 13 and a half feet aft. Her cargo weighed about 2600 tons, stowed to give a list of six inches. Besides the six tanks mentioned she had forward and after peak tanks, both empty at the time in question, except for a hole in the after tank just above a starboard ""skeg""; five feet below the deck, three by five inches in size. The capacity of the after peak was 420 tons of water, and at the time the barge capsized it had been filled with water coming through the hole, which the cargo had brought below the water line. The empty barge had been placed alongside of a tank steamer at 10 p.m. and was filled by 2:30 p.m. The tug then took the barge in tow on a hawser of about 30 or 40 feet and began to tow her from New Haven harbor to Everett, Mass. As she brought the barge into Long Island Sound the bridle to which the hawser was fastened broke and had to be renewed. This was at about 4:30 a.m. and the tug put a man on board who installed a new bridle and proceeded with a hawser of 300 feet, later lengthened to 1000 feet. At about 6 a.m. it was plain that the barge was in trouble; her after stern was awash and her bow was too high. The tug came alongside and after some delay shortened the hawser to 300 feet, and began to pull the barge at a right angle. In about fifteen minutes - i.e. at 6:15 - the barge capsized. The tug maintained that the filling of the after peak through the hole had made the barge unseaworthy; the barge contended that the filling of the after peak did not make the barge unseaworthy although, after the tug became aware of it, it imposed upon her the duty of added care which did not permit towing her at a right angle.
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