The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This suit arises out of a collision between the steam tug Dalzelline and a float stage at Pier 86, North river, while the Dalzelline was assisting with the undocking of the steamship Leviathan on November 25, 1930.
The Jarka Corporation was made a party respondent after United American Lines, Inc., filed an answer to the original libel, alleging that the float stage in question was "placed and/or moored by The Jarka Corporation."
The order permitting the filing of the amended libel allowed the answers to the original libel to stand as answers to the amended libel.
The incorporation and the relation of the parties at all the times hereinafter mentioned and at the time of the trial is as follows:
Libelant is managing owner both of the steam tug Dalzelline and of the steam tug Dalzellace, and the steam tug Dalzelline was up to the time of the collision hereinafter described, tight, staunch, strong, and in all respects seaworthy.
United States Lines Company was the owner of the steamship Leviathan, and the steamship Leviathan was during the currency of process hereunder within this District and within the jurisdiction of this court.
Respondent United American Lines, Inc., was a Delaware corporation with offices in the borough of Manhattan, county and state of New York.
Respondent United States Lines Operations, Inc., was a New York corporation having its offices in the borough of Manhattan, county and state of New York.
Respondent the Jarka Corporation was a Delaware corporation having an office in the borough of Manhattan, county and state of New York.
Pier 86 North river was at the time of the collision leased by the city of New York to respondent United American Lines, Inc., and the respondent United States Lines Operations, Inc., hired the pier from time to time for docking the Leviathan, the pier staff and employees remaining those employed by United American Lines, Inc., and respondent the Jarka Corporation, to which it contracted the stevedoring at the Pier 86, its duties including the handling of lines to the ships docking at the pier and the placement and mooring of float stages.
The float stages in question were owned either by United States Lines Operations, Inc., or an affiliate, United States Lines Company. They were not owned by respondent the Jarka Company. The float stages were especially built for the Leviathan and were larger than ordinary float stages being 30 X 14 X 10. When the Leviathan was coming into dock, they were moved from the bulkhead and moored in specified positions at the south side of the pier, to act as fenders in preventing the ship from coming into contact with the pier. When the Leviathan was not in, they were kept at the bulkhead or at the end of the pier. The float stages were known to be in this position and they were floating out of water and fully visible.
The large float stages were equipped by their owner with four mooring lines permanently sheckled to eyebolts at corners of the float. These lines were of 3/4 inch wire cable, about 6 fathoms in length, at the end of which was spliced 4-inch manila rope for handling. In mooring the Leviathan, these were run to bollards or bitts on the string piece of the pier about 20 feet from each end of the float stage. Some slack on these was necessary to allow them to play when the ship bore down on them, and to allow for a 4.3 feet rise and fal of the tide and swell of the river and the surge of these outward, to a limited distance, when a ship undocked was a known and anticipated occurrence to tugmen.
The Leviathan sailed from the south side of Pier 86, North river, about 1:30 p.m., November 25, 1930, backing out of the slip under her own power, assisted by five tugs. The tide was about high-water slack or last of the flood. Pier 86 is 1,000 feet long, and the Leviathan 950 feet long, 100.6 feet beam. One large float stage (30 X 14 feet) lay about 230 feet from the bulkhead and another at the middle of the pier. A third large float stage was nearer the river end; a ...