DocketNumber: No. 3740
Citation Numbers: 180 F. Supp. 169
Judges: Wright
Filed Date: 1/26/1960
Status: Precedential
Modified Date: 11/26/2022
For eighteen years Raoul Savoie has been the bridge tender of the bridge at Bourg, Louisiana, over the old Intracoastal Waterway. On November 2, 1957, he made a mistake. He lowered the bridge on the extended boom of the barge Pile Driver No. 5 as it was passing through the draw in tow of the tug Captain Cootie. Libellant brings this suit for damage suffered by Pile Driver No. 5 against the Captain Cootie, her owners, and Raoul Savoie.
At Bourg, the old Intracoastal Waterway, now called the Company Canal, runs north and south. Just south of the bridge at Bourg the canal enters Bayou Terrebonne. Some distance northward the canal enters the Gulf Intracoastal Waterway. The bridge over Company Canal is equipped with a floodlight, mounted on the bridge house to illuminate the area beneath the span, and the span itself carries a light which is red when the span is down and green when raised.
As the Captain Cootie and her tow approached the bridge from the north, she sounded three blasts of her horn. The bridge opened, showed its green light, and the tug and tow then proceeded through the span in the center of the channel. Savoie testified that he watched the tug and lead barge clear the span and that he began lowering the bridge when the bow of the Pile Driver No. 5 was through the draw and its stern at the beginning of the fence approach to the draw. Rather than wake up the bridge’s neighbors, he sounded no signal when he commenced to lower the bridge.
The allegations of fault directed at the Captain Cootie are not supported by the evidence or by the navigation rules governing the towage of vessels. There is no requirement that a boom extending up and over the stern of a barge be lighted. Maybe there should be. But until there is such a requirement, it would be fault to place lights on the boom. In darkness vessels identify, and navigate with respect to, other vessels by their lights, the lights required by the navigation rules. "Unless the lighting requirements of these rules are strictly complied with, a navigator, or anyone concerned with movement of vessels, will have no way of knowing what confronts him until he is able to make out the forms of the vessels themselves.
Libellant is not persuaded that the Captain Cootie sounded a danger signal when her captain saw the bridge was being lowered on the Pile Driver No. 5. Be that as it may, the fact remains that there was very little time to do anything once the bridge started coming down. It could be that the Cootie’s skipper, in that last half minute, with all his other duties concerned with navigating ahead
Decree accordingly.
. Savoie’s employer, Department of Highways, State of Louisiana, has been dismissed from the case. J. Kay McDermott & Co., Inc. v. Department of Highways, State of La., 5 Cir., 267 F.2d 317.
. The Captain Cootie is a steel tug 45.9 feet in length by 14.9 feet in beam by 5.8 feet in depth. She is powered by a single engine developing about 300 horsepower.
. The deck barge measured 110 feet by 30 feet by 7 feet.
. The Pile Driver No. 5 is an undocumented steel barge 75 feet in length by 24 feet in width by 6 feet deep, equipped with a pile driver, leads and various equipment and machinery. The pile driver boom, when not in operation, extends about 30 to 35 feet aft of the stern of the barge.
. Smoot Sand & Gravel Corp. v. Baltimore Steam Packet Co., 102 U.S.App.D.C. 97, 250 F.2d 422; Lind v. United States, 2 Cir., 156 F.2d 231.
. See Article 3, Inland Buies, 33 U.S.C.A. § 173; 33 C.F.R. § 80.16a.
. See 33 C.F.R. § 203.240.