Atlantic, Gulf & Pacific Co. v. Luckenbach

Citations

• 120 F. 556
• 1903 U.S. Dist. LEXIS 369

Syllabus

<p>1. Towage — Liability of Tug for Loss of Tow — Abandonment without-Necessity — Limitation of Liability.</p> <p>By the disablement of the tug intended therefor, Luckenbach waa unable to perform his engagement to tow a dredge and laden scow from. Wilmington to Washington, and acting for, but not disclosing the libel-ant, employed the Moran Company to take the dredge, without mentioning the scow. Upon arriving at Wilmington, the master of the tug discovered, and notified the tug owner, that the scow was part of the tow, and thereupon the owner addressed the libelant, as well as Luckenbach, with the result that he undertook to tow the scow without risk and for additional compensation. Urged to haste, the tug, with the tow, started on September 13th, with such equipment as she had, without opportunity to procure more. After leaving Delaware- Breakwater the eight-inch, hawser, new in the previous May, and since very much used, was employed for 16 hours, in favorable weather, save an adverse southeasterly swell, when it parted. After an hour’s delay it was united to a good! hawser, new in the previous July, and since savingly used, and the line thus formed was continued in propitious weather until 4 p. m. of the next day, when, near St. Charles’ Light, it parted in the older hawser. A delay for an hour was followed by a readjustment of the same line, which broke about 10 p. m. in the newer part thereof, under the influence of an impeding northwest gale of about 35 miles per hour, opposing southeasterly swell, and adverse strong ebb tide. Thereupon the dredge-tendered, or furnished upon request, to the master of the Moran a six-inch line of 80 fathoms, which was run from the port bitt of the dredge, through her port chock, which soon gave way, to the tug’s stem bitt, and thereby the dredge was towed cornerwise, until about 2:30 a. m.— the scow meanwhile having been cut adrift by the crew of the dredge— when the line parted, whereupon the crew of the dredge was taken off.