The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This suit was brought to recover for damages alleged to have been caused to a moored vessel, the Commercial Guide, by the steamer Hendrick Hudson, which, moving at high speed, caused the Commercial Guide to surge forward and back, part lines and damage gengway, and on another occasion part a line.
I find the facts as follows:
At all the times hereinafter mentioned and at the time of the trial, the libelant was a corporation organized and existing under and by virtue of the laws of the state of Delaware, with an office and principal place of business in the borough of Manhattan, city, county, and state of New York.
At all the times hereinafter mentioned, the libelant owned, operated, and controlled the steamship Commercial Guide.
At all the times hereinafter mentioned, the respondent Hudson River Day Line was and still is a corporation organized and existing under and by virtue of the laws of the state of New York, with an office and principal place of business at West Forty-Second Street pier, borough of Manhattan, city, county, and state of New York.
At all the times hereinafter mentioned, the respondent Hudson River Day Line owned, operated, and controlled the steamer Hendrick Hudson.
At the time of the commencement of this action, the steamer Hendrick Hudson was within the jurisdiction of the United States and of this court.
At all times up to the happening hereinafter described, the steamship Commercial Guide was tight, staunch, strong, and in all respects seaworthy, except that the line that parted on August 10, 1931, was a spliced line that had previously parted, and was not equal to the strain on the other seven lines.
At 4 o'clock p.m. daylight saving time, on August 8, 1931, the steamship Commercial Guide arrived on a voyage from Leningrad, Russia, with a cargo of 3,250 cords of pulpwood, about one and one-half tons to the cord, having laid at anchor in the river overnight at Kingston, N.Y., from which place she had proceeded to Albany, N.Y., and made fast to the Delaware & Hudson Railroad dock, which runs along the side of the river.
The steamship Commercial Guide was made fast with her port side to the dock bow up the river, with three bow and three stern lines, one bow breast line and one stern breast line, all of 7 or 8 inch manilla, and a one and one-half inch wire spring line.
The lines were drawn tight with the aid of the winches.
The lines were all good lines, some had been purchased in February, and the remainder in June of that year.
A gangway was also rigged from a spar extending out amidships on the port side of the vessel leading forward to the dock along the side of the vessel, and ...