The opinion of the court was delivered by: LEVET
OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW.
This is an admiralty suit wherein a ship (S.S. Candy) tied up to a pier lengthwise, partially broke loose and did extensive damage to plaintiff's scow and other stevedoring equipment tied to the ship. The defendant shipping company (Alexandra) has counterclaimed for the equipment it lost when the ship broke loose.
After hearing the testimony of the parties, examining the exhibits and the proposed Findings of Fact and Conclusions of Law submitted by counsel, this court makes the following Findings of Fact and Conclusions of Law:
1. This court has jurisdiction over the persons and subject matter of this controversy. 28 U.S.C. § 1333.
2. Plaintiff, Weeks Stevedoring Co., Inc. (Weeks), is a New Jersey corporation.
3. Defendant, Alexandra Navigation Corp., Ltd. (Alexandra) is a corporation organized and existing under the laws of the Republic of Panama.
4. The ship S.S. Candy is owned by Alexandra and was owned by Alexandra at all times relevant to this suit.
5. On or about February 25, 1965 the S.S. Candy was tied up to the north side of pier 7 of the Central Railroad of New Jersey at Jersey City, New Jersey. (1;
While the S.S. Candy was tied up to pier 7 on February 25, 1965 it was being loaded by Weeks with a cargo of scrap iron. In conjunction with the loading of the scrap iron onto the S.S. Candy, Weeks tied up and secured four scows and three floating cranes to the starboard side of the S.S. Candy. (5; Ex. 5.)
6. The S.S. Candy was tied up with nine wire springs and manila lines, fore and aft, all of which belonged to her. (Lucas 10, 14-15.)
The ship's crew handled the lines aboard the ship, while the shore lines were handled by independent longshore labor at the direction of the S.S. Candy's master (3, 27), which is the custom in New York Harbor. (45.)
7. None of Weeks' employees took part in the mooring or securing of the S.S. Candy to pier 7. (3, 4.)
8. The S.S. Candy broke away from the pier twice on February 25, 1965. (9.) The first occasion was during the noon hour, when the stern portion of the S.S. Candy broke loose. (9) The stern portion of the S.S. Candy was subsequently resecured by her officers and crew. Weeks' employees took no part in resecuring the vessel. (10.) On the second occasion, again the stern of the S.S. Candy broke ...