Marine Transport Lines, Inc. v. The Tako Invader
United States Court of Appeals for the Fifth Circuit
37 F.3d 1138, 1995 AMC 622 (1994)
- Written by Carolyn Strutton, JD
Facts
The Marine Guardian, a tugboat, was towing two barges up the Mississippi River when it came up behind another tug, the Creole Rivers, which was moving in the same direction. The Marine Guardian began passing the Creole Rivers on the Creole Rivers’ starboard side by moving toward the east bank of the river. As the Marine Guardian passed the Creole Rivers, the Marine Guardian heard the Creole Rivers agree to a port-to-port passing arrangement with an oncoming vessel, the Tako Invader. That passing arrangement required the downbound Tako Invader to move to the west side of the river. The captain of the Marine Guardian therefore assumed that he was safe to continue passing the Creole Rivers on its starboard side because the Tako Invader was to pass the Creole Rivers on its port side. The Tako Invader was still on the east side of the river, however, and collided with the Marine Guardian. The owner of the Marine Guardian, Marine Transport Lines, Inc. (plaintiff) sued the owner of the Tako Invader, Tako Towing (defendant) in admiralty. The court found that both vessels had violated provisions of the Inland River Navigational Rules, apportioned fault at 75 percent for the Tako Invader and 25 percent for the Marine Guardian, and awarded damages to Marine Transport Lines. Tako Towing appealed.
Rule of Law
Issue
Holding and Reasoning (Garza, J.)
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