Farrell Lines, Inc. v. Jones

530 F.2d 7 (5th Cir. 1976)

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Nature of the Case

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Facts

D owns the AFRICAN NEPTUNE. Two pilots directed the AFRICAN NEPTUNE's transit out of the port. Both pilots were on the bridge along with the master of the vessel, a watch officer, and a helmsman. As the AFRICAN NEPTUNE approached the bridge, the pilot ordered the helmsman to put the rudder left 20 degrees. The helmsman repeated the order correctly when he received it, but executed the order incorrectly by putting the rudder 20 degrees right instead of left. The watch officer detected the mistake and tried to indicate to the helmsman that the wheel should be put left. Both pilots also became aware of the mistake, as did the master. One of the pilots instinctively ordered hard left rudder followed [by full astern. Other emergency measures were taken but to no avail. The AFRICAN NEPTUNE struck the bridge. Ten people were killed and ten others were injured. D filed a petition for exoneration from or limitation of liability. The district court ruled from the bench that D was not entitled to limitation. The district court found that the procedures mandated by the shipowner and the procedures utilized by those in command of the AFRICAN NEPTUNE were inadequate and did not include 'failsafe' precautions. The district court held there were: (1) insufficient personnel on the bridge to ensure proper helmsmanship; (2) delegation to the watch officer of the duty to keep the bell log book in addition to his duty to oversee the execution of the pilot's orders to the helmsman; and (3) improper positioning of the rudder angle indicator on the pilot house bulkhead on the bridge which did not conveniently permit prompt detection of the helmsman's error. The district court concluded that D had 'failed to sustain its burden of proving that navigational errors which caused the collision were without its privity or knowledge.' D appealed.