assumption that the tug and tow were proceeding in an eastwardly direction on the south side of the canal just prior to the collision. As already indicated, this assumption is not well founded. The tug and tow had no right to maneuver in a reckless and hazardous manner, as we have already found, and then claim for themselves privileges and rights to which their actions and positions do not entitle them. Libellant is not justified by her haphazard maneuvering to claim rights accorded to those who are themselves properly obeying the rules of navigation.
Libellant next proposes that the alleged breaches upon which she bases her case render the Blydendyk guilty of statutory fault and therefore within the rule known as the rule in The Pennsylvania, 19 Wall. 125, 126, 86 U.S. 125, 126, 22 L. Ed. 148. With this position we do not agree. The evidence clearly indicates that the Blydendyk was without fault in this collision. In addition to the foregoing discussion, one of the major factors in the case in the time element, and while there is conflict in the oral testimony with respect thereto, the one uncontroverted and undisputed document proving the time element is the engine room log of the Blydendyk. This log shows that the entire occurrence took place in an elapsed time of 1 1/2 minutes, or from 0415 to 0416 1/2. During this period, the engines of the Blydendyk went from stop to full astern to stop, with a 'shock' being recorded at 0416 1/2. The times recorded in the log support and corroborate the other credible testimony favoring respondent.
Considering all the testimony, it becomes apparent that the Blydendyk was proceeding uneventfully and prudently through the C & D Canal until 4:15 A.M., at which time a tug and tow which had been observed in a safe position to the starboard side of the Blydendyk suddenly sounded one blast of her whistle and immediately veered to the right directly into the path of the Blydendyk and toward the south side of the canal. The officers of the Blydendyk reacted immediately and simultaneously gave a danger signal and first stopped her engines and then put them astern and let go the anchor in order to stop their vessel as quickly as possible and to avoid the tug crossing her bow. That she was successful in avoiding the tug is evident from the facts established. However, the tug passed so close by the bow of the Blydendyk that the tow was pushed into the bow by the combined action of the tug and the current, causing the damages complained of. Under these circumstances and considering the time involved, it is inconceivable that the Blydendyk could have acted in a manner other than she did. The situation was unexpectedly thrust upon her without warning and every effort was exerted to avoid a collision. Prior to 4:15 A.M. no danger existed and the Blydendyk could have reasonably assumed that no dangerous situation would arise. None would have had not the tug suddenly changed her course and by her sole fault created a risk of, and in fact, a collision. We can find no evidence in the record establishing fault or blame on the part of the Blydendyk. However, the record is replete with evidence showing that the actions of the tug Elizabeth S. Hooper and her crew were solely to blame for the collision and are therefore solely responsible to the barge Interstate No. 8 for any damages suffered by her as a result of the instant collision.
The above constitute our findings of fact and conclusions of law. We have examined the requests for findings of fact and conclusions of law filed by the respective parties hereto. Insofar as they agree with the findings of fact and conclusions of law herein adopted, they are adopted. Insofar as they do not, they are denied.
An order will be entered dismissing the libel as to the respondent, Holland-American Line, and placing the sole blame for this collision upon the impleaded respondent, the tug Elizabeth S. Hooper and her owners, in accordance with the above findings and conclusions.
Counsel will submit an appropriate form of Order.