The opinion of the court was delivered by: WRIGHT
The issues of fact and law in the above entitled suit having duly come on to be heard on the pleadings and proofs of the parties and due deliberation having been had, I now find and decide as follows:
1. At 7:44 1/2 A.M. on April 15, 1946, the Panamanian steamship Primavera and the WSA steamship Ora Ellis collided in the Hudson River off Hoboken, New Jersey, both suffering damage. Compania Maritima Samsoc Limitada, owner of the Primavera, filed a libel against three tugs that were servicing the ship, the tugs' operator, Moran Towing & Transportation Co., Inc., and the United States as owner and operator of the Ora Ellis. The United States filed a cross-libel against the Primavera, the owner thereof, the three tugs and the Moran Company.
2. The weather was clear; it was practically high water with a tidal current of at least 1.2 knots though shown to be even stronger according to the Coast and Geodetic current chart and there was a southerly wind of 22 miles according to Weather Bureau records but somewhat less according to some mariners who testified.
3. The Ora Ellis, which had been anchored in the Hudson River off 125th Street, having checked navigational aids and equipment and synchronized the bridge and engine-room clocks, raised anchor and started south at 7:10, favoring the New Jersey side of midstream, to go to pier 57, North River to load; a harbor shifting pilot and the shipmaster were on the bridge with the third mate at the telegraph, a Quartermaster on the wheel and the other officers and seamen at their regular harbor maneuvering stations; the tug of which the pilot was master, the J. P. McAllister, was hanging on the port bow; full ahead was telegraphed to the engine room but in harbor, particularly on short runs, the engineer delivers less than the full sea speed of 11 knots; with the time required to build up to the set engine speed and heading into the tide and wind the maximum speed of the Ora Ellis was about 8 knots over the bottom.
4. The pilot and others on the Ora Ellis noted ahead a number of ships, some ascending and some descending the river and a group of vessels anchored off the Bethlehem-Hoboken shipyard tailing up with the tide; at 7:39, the engines were slowed to half-ahead, reducing the speed to about 5 knots, and single whistle blasts exchanged with the South Bend Victory, which was about midstream and upbound for the Bethlehem shipyard; the positions and headings of the two vessels were such that they could have cleared safely port-to-port without the exchange of signals.
5. The Ora Ellis continued down and was passing the South Bend Victory roughly abreast the steamship Joshua Slocum, the southernmost of the vessels anchored some 500 to 700 feet off the Hoboken shipyard piers.
6. Meanwhile, at 7:30, the Primavera, formerly the Charles R. McCormick, had undocked from Pier 14 of the Bethlehem-Hoboken yard; she had just been renamed and transferred to Panamanian registry and the old name-boards were still displayed at the time of collision.
7. The new master had assumed command of the Primavera on April 11th, and the ship's crew with him consisted of only deck and engine room officers, a boatswain, cook and steward; the Primavera then lay at the south side of Pier 14, port side to the Pier and headed streamward, that is, easterly and from that position and heading was undocked on the morning of the collision.
8. On Saturday, April 13th, the Primavera's master had received instructions to move the ship to a Brooklyn pier on Monday, April 15th, and he secured a number of 'riggers' to go along to handle lines and do other work aboard ship.
9. On the 15th, a Moran tug pilot went aboard the Primavera; he used three Moran tugs, one of them, the Thomas E. Moran, 1200 horse power, firmly made fast at the ship's starboard quarter to supply motive power, the other two, the Julia C. Moran, 400 horse power, and the Chesapeake, 350 horse power, ran headlines one forward, the other amidships on the Primavera; the engineer had supplied no steam to the main engines for some reason of which the shipmaster disclaimed knowledge. After assisting in undocking the Primavera, the Chesapeake took her lines off the vessel and lay alongside the Thomas E. Moran.
10. At 7:30 the Primavera headed straight out according to her master, and thereafter was seen by licensed witnesses from other vessels in the vicinity having no connection with either of the colliding ships, to continue slowly down, athwartstream, at roughly 45 degrees to the thread of the channel.
11. As the bow of the down-bound Ora Ellis was coming abreast the stern of the Joshua Slocum those on her bridge and the lookout and chief mate on the forecastle simultaneously saw the Primavera's bow emerge from beyond the Joshua Slocum moving slowly streamward across the latter's bow and the engines of the Ora Ellis were stopped and the alarm sounded; that was at 7:42 1/2 but two minutes before the collision. No one was seen on the port side of the Primavera, including her bridge.
12. A half minute later, at 7:43, the engines of the Ora Ellis were rung half astern to arrest headway but, there being no signals from the Primavera or her tugs, at about the time the propeller started revolving, at 7:43 1/2 the order was changed to full astern and the engines so continued until after the collision. Three short blasts were ...