United States District Court, Eastern District of Virginia, June 16, 1923.
CHARTER PARTY-COLLISION-LIABILITY FOR NEGLIGENCE OF MASTER.
Where a charter party provides that the master shall be appointed by
the owners, who on complaint by charterers as to his conduct will
"investigate the same and if necessary make a change in the appoint-
ment," liability for a collision caused by negligence of the master
is upon the owners and not on the charterers.
HUGHES, VANDEVENTER & EGGLESTON, for Thames Towboat Company.
HUGHES, LITTLE & SEAWELL and JOHN UPTON, for Old Dominion Transpor-
tation Company, charterers of the Allianca.
WILLCOX, COOKE & WILLCOx, for Panama Railroad Company, owners of
the Allianca.
This is a libel filed by The Thames Towboat Company, against
the Steamship Allianca.
The Allianca, a large steamship, belonging to the Panama Rail-
road Company, had been chartered to the Old Dominion Trans-
portation Company, for operation in the passenger and freight
business between Norfolk and New York. At about eight p. m.,
March 27th, 1922, the steamship was in collision with the Steamtug
Bess, the property of the libellants, resulting in the sinking of the
tug. The respondents, Old Dominion Transportation Company,
have brought in the Panama Railroad Company, under the 56th
This volume may be cited as 1923 A. M. C.