Southern Pacific Co. v. Haglund

1928-05-21
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Headline: Court affirms that a fast-moving ferry caused a deadly collision in the Oakland Estuary and upholds damages against the ferry’s owner, holding the ferry liable while clearing the tug and shipyard of fault.

Holding: The Court decided the collision was caused solely by the ferry’s negligence and affirmed damages against the ferry’s owner, finding neither the assisting tug nor the disabled ship at fault.

Real World Impact:
  • Makes the ferry owner financially responsible for collision damage and the worker’s death.
  • Clears the assisting tug and shipyard of liability for the crash.
  • Emphasizes safe speeds, clear signaling, and caution in narrow waterways.
Topics: boat collision, ferry safety, tug operations, fatal maritime accident

Summary

Background

A steam ferry called the Thoroughfare, owned by a railroad company, struck a disabled steam freighter that had been lowered into the Oakland Estuary for repairs. The freighter was held in place by a tug named Relief and had no power or lookout. A workman on the freighter, Ernest Haglund, was killed. The freighter’s yard and the freighter’s owner sued the ferry’s owner for damage and wrongful death; the tug and its owner were also involved in the litigation.

Reasoning

The Court reviewed which vessel caused the crash. The Thoroughfare was traveling at full speed, sounded passing signals, and was given an answering signal by the Relief. The Thoroughfare continued at speed into a narrow opening, then unexpectedly changed course toward the freighter and struck it. The Court agreed with the lower courts that the ferry acted negligently by attempting the fast passing movement without knowing what lay ahead and by changing course without need. The Court found no blame for the tug that had agreed to the passage or for the freighter, whose lack of a lookout did not contribute while it was powerless and held in place. The lower-court decrees against the ferry’s owner were affirmed.

Real world impact

The decision makes the ferry’s owner responsible for the damage to the freighter and for the worker’s death. The tug operator and the shipyard were not held liable. The case emphasizes careful signaling, safe speeds, and clear responsibility when one vessel agrees to let another pass in tight waterways.

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