Hugo Black

“ There is nothing to suggest that any civilian vessel would voluntarily embark on such a voyage through a tortuous passage, at high speed, with unreliable compasses and incompetent personnel. Where the contributing forces of an occurrence are in such large part patently referable to the warlike operation of the vessel, the insurer against all consequences of hostilities and warlike operations should not be relieved of liability because, under such circumstances, the helmsman was incompetent and failed to follow the orders of the pilot. ”

“ The court further found that the helmsman was steering 'by the compass under directions from the pilot' prior to the stranding, and that the 'instability of the steering compass as a result of the deperming operation may have been a contributing factor to the ship's deviation from her course.' 87 F.Supp. ”

“ The court found that the inside passage through which the Branch was ordered to proceed in order to avoid submarines, 'is narrow and tortuous, contains submerged rocks, reefs, and shoals, and swift, strong, and unpredictable currents.' 87 F.Supp. ”