
332 F.Supp. 72 (1969)
ORE CARRIERS OF LIBERIA, INC., as Owner of M/V TYNE ORE, Plaintiff,
v.
NAVIGEN CORPORATION and Navios Corporation, Defendants.
No. 65 Ad. 216.
United States District Court, S. D. New York.
August 1, 1969.
*73 Haight, Gardner, Poor & Havens, New York City, for plaintiff; Charles S. Haight, Jr., New York City, of counsel.
Kirlin, Campbell & Keating, New York City, for defendants; Edward L. Smith and David A. Nourse, New York City, of counsel.
METZNER, District Judge.
Ore Carriers of Liberia, Inc., the owner of the M/V Tyne Ore, sues to collect damages from the Navigen Corporation and the Navios Corporation, the time charterers of the vessel.
On November 5, 1962, the Tyne Ore collided with machinery owned by the Toledo, Lorain and Fairport Dock Company in the Black River in the Port ofLorain, Ohio. The ship was operating under a time charter to Navios Corporation, which had subchartered to Navigen Corporation. The vessel had been directed to carry a full cargo of ore from Port Cartier, Quebec, to the National Tube dock at Lorain. At the time of the collision, two pilots engaged by defendants Stevenson and Powellwere on board the vessel, as were Dotson, a vice president of plaintiff, and Skelton, marine superintendent of defendants. All four testified on the trial in addition to the master and defendants' agent, Clements.
Under the charter parties, the defendants warranted a safe port and safe berth for the vessel. In addition, the pretrial order contained a stipulation that it was customary to use tugs for navigating in the Black River. Finally, the proof