in fixing the position of buoy 26, in fact existed on a given date and occasion. Seldom, in a case of this kind, does the record involve so many and such substantial conflicts of evidence. We have devoted an extraordinary amount of time and effort to a consideration of the extended record and on the basis thereof, make the following:
FINDINGS OF FACT
As to the Parties and the Grounding
1. At all material times herein, the SS ORE SATURN was owned by Universe Tankships, Inc., a foreign business corporation organized and existing under the laws of the Republic of Liberia, and is a bulk ore carrier, 751 feet in length, 102 feet in beam, single screw with a fresh water loaded draft of 39 feet 03 inches.
2. The United States of America is a corporation sovereign which has consented to be sued herein under the Suits in Admiralty Act, 46 U.S.C. § 742 and following.
3. Pilotage in the Delaware River for vessels of foreign registry inbound from foreign ports is governed by State law and is "compulsory". 23 Del. Code § 121; 55 Purdon § 172.
4. On February 10, 1964, the ORE SATURN grounded a ship-length upstream of buoy 26 and outside the channel in Enterprise Range in the Upper Delaware River while in transit from Pier 122 South, Philadelphia, to the Fairless Steel Works, Morrisville, Pennsylvania.
5. The actual channel alignment and aids to navigation in the Upper Delaware River were physically located on February 10, 1964, as shown on the 15th Edition of Coast and Geodetic Survey Chart No. 296. Buoy 26, however, after the grounding, was found 230 yards, bearing 234 degrees true from its intended position at the turn from Mud Island to Enterprise Range as shown on the 15th Edition of the Chart.
6. By agreement of the parties, the issue of damages was severed from liability.
As to the Negligence of the Coast Guard
7. At all material times herein, the work of establishing and maintaining buoyage in the Upper Delaware River was the responsibility of the United States Coast Guard. This work was assigned the Coast Guard buoy tenders ZINNIA and LILAC.
8. The proper maintenance of buoy 26 was the primary responsibility of the buoy tender ZINNIA.
9. Separate operational records were maintained by each of the Coast Guard buoy tenders in the regular course of their business of servicing buoys in the Upper Delaware.
A quartermaster's log book and a buoy card Form 2555 and Form 3738 were maintained. The quartermaster's log book and buoy card were the only contemporaneous records of servicing.
10. Coast Guard regulations required that entries be made in the quartermaster's log books whenever a buoy was serviced.
11. A buoy card was maintained on the bridge of the buoy tender for each buoy and each servicing was recorded on the card.
12. A Form 2555 was and is required to be prepared and executed whenever a buoy was moved. The position in which a buoy was placed in terms of objects and sextant angles used in positioning the buoy, or by range and bearing from specified named objects was required to be recorded on the form.
13. Form 3738 is a summary of all work performed by the tenders and was required to be prepared and filed at 15-day intervals.
14. Form 2555 was prepared in draft form by a quartermaster on the buoy tender as each job was being done. Shortly thereafter, a yeoman prepared a final typed version for approval by the commanding officer of the tender and the pencil draft was destroyed. After the typed form was reviewed, approved and signed by the tender's commanding officer, the form was submitted to the Headquarters of the Coast Guard Third District at New York.
Instructions for Form 2555, on the reverse side, require:
"1. This report is required in order to reflect the work performed under items listed in ACTION TAKEN column which, if it were not submitted, would make the latest Forms CG-2555, CG-3465, or CG-3466 obsolete with regard to the data recorded.
"2. For all conditions except NORMAL, state reason so far as it is known.