The opinion of the court was delivered by: BYERS
These causes involve a collision on October 5, 1938, in the Barge Canal about 2,000 feet east of Rexford Flats, between the eastbound steel tank barge Hygrade No. 8 and the westbound steel tank barge Rotary, and were consolidated for trial, by consent.
In the first, the Hygrade No. 8 sues to recover for her damages from the tug Dandy which was pushing the Rotary; and that tug impleaded the tug Celtic which was pushing the Hygrade No. 8.
In the second, the Rotary sues to recover for the damages that she sustained from the tug Celtic, and the latter has impleaded the Dandy.
There is little dispute as to the facts, which are deemed to have been thus established:
(a) The eastbound tow, made up in push-boat fashion, consisted of the Hygrade No. 8, 174 feet long between perpendiculars, 198 feet over-all, 40 feet in beam, in ballast drawing 5 1/2 feet (therefore partially light), and the Diesel tug Celtic, 83.5 feet by 21, with 650 horse power.
(b) At about 2,000 feet west of the southerly bend in which the collision occurred, the latter blew a bend whistle, and proceeded at a 3 1/2-mile speed (one bell) with a 1 1/2-mile current under foot.
(c) No answer to the bend whistle was heard.
(d) This tow was about 30 feet off the southerly side of the Canal on its starboard hand, as the bend was neared; there the Canal turns at about 90 degrees to the south.
(e) The navigable waters which include the bend are about 300 feet wide.
(f) There is a white buoy off the southerly shore of the Canal, at about the center of the arc of the turn. That shore is so conformed and wooded, that vessels approaching on parallel courses are screened from mutual sight until either one enters the bend.
(g) This tow was headed, at the speed stated, to hold the white buoy to starboard in making the required turn around the bend.
(h) When the Celtic tow was about 300 feet west of that buoy, the bow of the Rotary was observed, inclining toward the southerly side of the Canal; that ...