no doubt that the bell was rung very often, and was perfectly audible. I am not satisfied with the meager recognition of the bell that appears in the testimony in behalf of the Express. If not heard or noticed more than appears. there was neglect in attending to it. I do not think the Edson is within the line of cases that require a light or fog-signals. In all the cases cited by the claimant, the anchored vessel held in fault for the lack of signals in a fog has not been a vessel nioored at a dock at her usual place, but one lying at anchor in or near a fair way, where vessels were likely to pass, and were to be expected. It is impossible to say that any vessel, in navigating on either side of North Brothers, was to be expected to run up against the dock where the Edson lay. The Edson was not off the end of the dock, but on its side, and wholly within its exterior line, in a place where sufficient depth of water for her had been obtained only by means of dredging out the shoal bottom. As the Edson had no reason to expect any vessel there, she was under no more obligation to give signals to other vessels, or to keep persons on board of her for their benefit, than was the owner of the dock for the purpose of protecting his wharf. Decree for the libelant, with order ofreference to compute the damages.
'D. THE COLUMBIA.
(Dfstrlct Oourt, S. D. New York. November 10,1891.)
COLLISION-VESSEL AT PIER-WIND-INEVITABLE ACCIDENT-INATTENTION.
The steam elevator C., having a large surface exposed to the wind, in attemptinK to moor along-side certain barges at Twenty-Fourth street and North river, struck and sunk one of them. The elevator claimed that the collision was an inevitable accident, due to a sudden gust of Wind. The evidence showed that the wind was strong on the New York side; that the elevator left the less exposed side of the river and crossed. at Hoboken, where the wind in the lee was light, with the wind nearly astern, to the more exposed side, Where the barges lay, and where especial care in a strong wind was necessary. Held that, though inevitable accident may arise from sudden gusts of wind, the evidence showed that this collision arose from lack of sufficient caution, and inattention of the pilot, and that the C. was liable.
In Admiralty. Suit to recover damages caused by collision. Carpenter & Mosher, for libelants. Platt & Bowers, for claimant.
BROWN, J. In the afternoon of April 23, 1891, the libelants' scow barge Nestor, with about 450 tons of fine sugar on board, was lying hi the slip between Twenty-Third and Twenty-Fourth streets, North river, moored along-side of ,two lighters, which were next outside of, and moored to, the steamer Ethopia, which lay on the southerly side of the'
by Edward G.Benedict, Esq., of the New York bar.
pier. The of the lighter was a few feet side ofthe outer end of the pier, and she was waiting to have her cargo discharged upon the steam-ship. While thus moored, she was run into and sunk, not far from, half past 2 ;P.1t!.; by the steam elevator Columbia, as she came into the slip for the purpose of discharging the cargoes of the into the steamer. The. elevator had corrie from Hoboken, crossing the river in the:ebb·tide till quite near the pier off Twentieth street,. when shtl headed: directly upih'er for the slip. The claimant contends that thp, damage is to be ascribed to inevitable accident, on the ground that the elevator; though handled with all proper care, was struck by a sUdden gust pf wind after she bad stopped off Twenty-Third street, and was thereby carried aKainst the libelants' barge, despite all efforts to prevent -it. No doubt cases may arise of inevitable accident produced by gusts of wind, (The Lady Pike, 2 Biss. 144;) but to admit of that defense it must appear that the danger was not to be apprehended, or, if it wasHable to arise, tbat a proper watch was keptbeforeband, and seasonable precaution taken against such a liability, and that reasonable skill' was used when danger arose. Union St. 0>. v. New York, 24 How. 313j .The Morning Light, 2 Wall. 550; The Mabey, 14 Wall. 204. The facts in the present case fall short of these requirements. There is no little conflict in the evidence as regards the force of the wind on the easterly side of the river at the time of the Columbia's approach and before. All of the Columbia's witnesses say that when the elevator left Hoboken the wind waslight,-not more than tbree or four miles an hour. Nearly all ofthem speak of a gust of wind that struck the elevator at or near Twenty-Third stl,eet, and testify that the wind increased rapidly after tbe accident. Several of her witnesses, however, state that from the time they reached mid-river the wind was perceptibly increasing; several estimate the wind at 9 or 10 miles an hour when they reached Twentieth street; and one or two lea-.'e it doubtful whether at Twenty-Third street there was any sudden gust, or more than a gradual increase of the wind's force. The libelants' witnesses all deny that at the pier at Twenty-Fourth street there was any SUdden gust of wind ofan.r importa.nce at the time of the accident. They assert that the breeze was pretty steady all the afternoon, increasing somewhat towards 4 o'clock. Several of these witnesses mention circumstances of their employment tending to corroborate their testimony; wbile the record of the weather bureau shows that upon the top of the Equitable building, about two miles from the place of the accident, the wind was from the south-west, and that between 12 and 1 o'clock P. M. it blew at the rate of about 12 miles per hour; and from 1 to 4 steady at about the rate of 19 milesperllour, diminishing at when it changed to the northwest. The wind being from the sonth-west, whichis about three points off the Hoboken shore, and the Columbia being in the lee of the ings there, the wind would naturally be less felt at the start; while at, the bend of the street, on tbe New York side, with nothing below as a shelter, a south-west wind is felt in its greatest force. The need of special caution at that place is well understood.
The Columbia in crossing from Hoboken to Twentieth street would moreover have a south-west wind almost directly astern, and her pilot, who was in a closed pilot.house, and did not come out till just before the accident, naturally failed to observe its increasing force as he got out into the river. These proofs leave no doubt in my mind that when the Columbia approached her destination at Twenty-Fourth street the wind was much stronger than her otlicers in their testimony admit; and that on the eastside of the river it was not less than 12 or 15 miles an hour, and that, being astern, its force was not appreciated by the pilot until the engines were stopped, and he came out on deck, shortly before reaching the slip. The Columbia, although one of the best and most powerful of the floating elevators in the harbor, had also il.. greater surface exposed to the wind, having a square-sided tower about 60 feet high and 25 feet across, a great surface which made her unmanagable in a high wind, and required special prudence in handling her in a fresh breeze. Her pilot stated 'that in a wind blowing at the rate of 10 miles an hour, or upwarda, he should not have deemed it prUdent to attempt to make a mooring near the scows,but should have gone first to the outer end of the pier. As I have no doubt that the wind on the New York side of the river was much above that rate, it follows that the attempt to make a landing inside the slip, near the boats,was imprudent and unjustifiable. It arose, I have no doubt, from the facts abOVE! stated, tbat the wino was much less at Hoboken; and because its force on the New York side was not appreciated, in the absence of any watch or precaution in regard to it, until it became necessary to stop to withstand its force. The sudden apparent increase in the wind when the pilot came out on deck would then doubtless seem like a sudden gust. I am not satisfied that there was any such change as might not have been foreseen and guarded against had proper llnd seasonable attention been given to it. Decree for libelants, with costs.
THE INTREPID.1 NASSAU FERRY
Oourt, S. D. New YIlTk. November 11, 1891.)
COLLISION-STEAM-VESSELs CllOSSING-KNOWLEDGE liT ONB Oll' SAGGING COUBsB 01' TEE OTRllR-DuTY TO REVERSE.
The tug with two heavy floats along-sideJ..was proceeding at night, at fuU speed, against the ebb-tide, up the East river. tier floats extended 100 feet ahead of ber. Theyhad no bow-lights, such 8S similar boats mostly carry, but carried ver· tical lights 218 feet aft, near their s.terns. When the tow was about off' South Fifth street, Brooklyn, the ferry-boat J. started from her slip on the Brooklyn side of the river, at full speed, and with her helm a-port, as was her custom on the ebb. When half ont of the slip, the green light of the tug came in view, and the pilot of the
Reported by Edward G. Benedict, Esq., of the New York bar.
i t,erry-boat gave one whistle, and put ber helm hard a-port. The tug also gave one . )"hiRtle, slowed her engines, and in 20 seconds stopped them, and 20 seconds after,'We:rds reversed; bnt her port float collidod with the ferry-boat. The position of '. t,l;leferry-boat and her course were known to the tug. The ferry-boat was not so 'well able to judge of the position or distance of the tow. Held, that the tug, hav.'ing thA ferry-boat on her starboard hand, and having exchanged one whistle with her, was: bound to keep out of the way, and, knowing the sagging course of the terry-boat in the ebb-tide, should have reversed at once on giving one whistle, and was in fault for the collisIOn; that the ferry-boat did all that was required of her, was not liahle. ,
2·.. SA,ME-EA,s'J) RIVER-I)Q'RUDEFT NAVIGATION.
It is imprudent naVigation for a tug, with heavy floats, projecting 100 feet ahead of her, withollt bow.lights, to go at a speed of 6 knots, within 200 feet of the Brooklyn piers in the East river, towards ferry-slips that are obscured.
,Ship'Tn(J,n, Larocque &: Choate, for libelant. Carpenter &: Moshet, for respondent.
In Ad ooiralty.
Suit to recover damages caused by coliision.
,BRCilWN, J. A little ,before 7 o'clock on the (livening of February 4, 1891, Jamaica, shortly after her slip at Grand street, Williamspurg, bound for the foot of Houstonstreet, New Yorl:,. came in collisi<)D. with the port forward corner of car-float No.1, which was in tow ofth!'j Intrepid, and on her port side, going up the East river, against the ebb-tide. The above libel was filed to recover for sustained through the collision. The Intrepid is a powerful tug, which left ,pier 45, East riv;er, with two car-floats in tow, one upon each side, each 240 fe(;lt long, projE)cting about 100 feet ahead of the tug, aodench heavily loaded with 12 freight-cars, and bound for Wilson's point.. The tug herself had no cars :onher deck. The wind was fresh from fhe north-west. ,After passing .Corlear's Hook the Intrepid I))et in $QPce/lsion a ferry-boat and two tows, one after the other, coming down nearly. iq: the middle of ¢e river I or a little towards the New York shore, all of which she passed in the neighb9rhood qfSquth Seventh street, working her way over to within 200 feet, as her witnesses estimate, of the piers on the Brooklyn shore. She was proceeding at fun speed, making about six knots per hour against the tide. The Jamaica, on starting to go out of her slip, had her view to the south near the shore obstructed by buildings on ,her port hand. When she was about half out of the slip, the green light of the Intrepid came in view, together and the two floats in with three pairs of vertirallights, which the tow carried near their sterns. The tug and tow were judged by the pilot Fifth street. The libel and the tug's of the Jamaica to be off about witnesses state, and the answer admits that position of the tug and t()wat the time when the red light of the Jamaica was seen corr;t}g out of the slip. A signal of one whistle was immediately exchanged between the two boats. The evidence is cohflicting as to which boat gave the signal first, but that is immaterial, as all agree that the answer was The Jamaica at that time was under the full given and heard at speed of her engines, but had not acquired herfull-speed headway. Her wheel was already to port, and ort the exchange of signals was immediately put hard and so rODfained until the collision.. The In-
trepid, on giving ber signal of one whistle, slowed her engines, stopped them about 20 seconds afterwards, and reversed after another interval of about 20 or 30 seconds. The collision happened within 20 or 30 seconds after reversal, about abreast of the north side of the pier at South Second street, about 500 feet below the ferry-boat's point of departure, and about 250 feet from the end of South Second Street pier. .The forward port corner of the port float struck the ferry-boat a little aft of but soon cleared, and each then amid-ships, and ran under her went on her way. The tug and tows along-side were in all 99 feet wide. There are ten tugs regularly employed in transporting car-floats alongside up and down the East river, two of which belong to the clsHmant's line, .namely, the Intrepid and the Express. All of these tugs, except the E;x:press,take floats projecting a good deal beyond the tug; and all except the Intrepid and Express carry a-white light on each of the projecting boats, on the outside corner in front, to indicate their positiol'l and extent, and do not carry vertical lights on the floats but on the tug only. Such has been their practice for a number of yeaTS past. The claimant's boats began running about two years ago. Their floats carry no head-lights, but carry two white verticallightsaft,and those on the Intrepid's two floats were 218 feet aft of the head of the tow,while the verti<lallights of the tug were but about 25 feet ahead of those of the floats. The -pilot of the Jamaica testified that, had he known that the tug and tow which he· so.w when he gave one whistle was the Intrepid, and that ber boats projected so far ahead of her lights as afterwards appeared, he should not have given one whistle,but should have gone back into his slip. He also testified that he did not know that the tow he saw·was that of the Intrepid, or that she was not in the habit of carrying on her tow, as the other that carry projecting floats along-side are in the habit of doing. Not only from the admission in the answer, but fromvariouscircumstances in the evidence; I am satisfied that when the signal of one whistle was exchaJlged the tl1g and tow were about oft" South Fifth street; that is, about 800 or 900 feet from the point of collision. Had the Intrepid reversed when she gave her one whistle to the Jamaica, instead of waiting aconsidel'8.'ble time before reversing, the collision would have been avoided, because she not only would have been stopped before reaching the track of the Jamaica. but tne Jamaica would also have been from one to two lengths to the westward of the course of the Intrepid before the latter got near ber. The Jamaica was on the starboard hand of the Intrepid; both were under way, and on crossing courses. The signals exchanged meant that the Jamaica should go ahead; and it was therefore the duty of the Intrepid to keep out of the way, both by the terms of the nineteenth rule of navigation, as she had the Jamaica on her starboard hand; (The Narragansett. 4 Fed. Rep. 244,) and also as a necessary consequenee of the signals exchanged between them. The agreement made was a proper one for passing each other. The Intrepid could easily have kept out of the way, and the agreement imported that she would do eo. It washer duty to use the proper and necessary means to do so.
lay heX' own risk if there was fault in the J amail)a.The Intrepid, moreover, had kn()wledge. of the precise theD;l, and oCher own place of the Jaxn4ica, of the distance power, and Elhe was bound to make all necessary llllowance for the sagging and. winding the Jamllicaunder tlut,·well-known effects of the ebb-tide on comi,ngout of her slip. OityoJ Springfield, 29 Fed. 29 Fed. Rep. Rep. 923"llotlinned, 36 Fed. Rep. 568;' The John'$. 644, affirMed, Fed..Rep. 619; The Baltic, H:Fed. Rep. 603. Her delay inre.versing was,' therefore,the immedillte Cause of collision, and for this ,she must beheld .toblame. If the distauce of the boats the whi$tl.es.were e.Jl:.changed was not. sufficient to enaapart the to out of the way by reversing at once, then the other of. the Intrepid would become material, .namely, her navigating, wilbout neqe$sity so near to the Brooklyn "hol'e,where the dew of her. to the leaving the slip, and ber exceasive,epeed of six knots in thahitllation, when ,so ,heavily loaded with floats;: as the evidenpe leayee ,DO doubt that there was plenty time f()l' t4e Intrepid to: bavf;l.kept Qll t ·ofthe way by reversing at once .fler thee;1tp«ange ofsigMlsl it ienot, necessary to d WellOD these latter points. '.. The Wan, 44 lj1ed .. Rep.510. · · . , 2. IdQ Dl;lt-tbink theievicience e8taNishesany fault- in the Jamaica. from view w.hen th.trJamaica atarted from her As the slip, was not iJil, ,as she was half or twosUp, :unqet full speed of bet engines, and pursuing her tbeiIntrepid .til'$tbecame visibl, close to the Br.o91dyn sqe: Wall .under no obligation to return to ber slip, Intrepid, which was on her port hand, if the able to; out of the ,way. The exchange o'signala in \,\lith .the. ruleo! the local inspectors determined .the Jamaica,to go ahead, that·.ofthe. Intrepi<,l tQ" reverse at· once, if she. eould not otherwise a90id, collision,. , ,Although :thepilQtof the Jamaica might,in the exbacldfhe had· known that the Inher I do not see how this affe()t;s t.llerJamaica with; /&,\11t in the absence of ·that knowledge. As the tell the piloto!. the Jamaica, there was plenty of room to pass ,ahead in accordance with the signals exchanged, and Jamaica did all· that wasxequired of 4erinputting her:wheelat once hard and, when the,projecting tow. becamefirlltvisible, giving anotberjingle forext.ra speed·. The practice qfthe Intrepid not. tOr ..y .wher to.w,· which ,differed from t\1e ,pthal' ,tugs, that ..o$rried, car-ftoats projeoting far: Was not the ,pilAt's. alid no such special habit of the J9trepici affected himw.ith her practice with.. actualllotice, of it.: 4$ respects the case generally,it sh\luld be said the of, the Intrepid at full speed. so near the Brooklyn .projectiJilg 'so Jar ahead: QfherwithQut head· navigation.
331 Wbenthe whistles were exchanged the pilot of the Intrepid knew Pl'ecisely alIthe facts and circumstances affecting the situation, whereas the pilot of the Jamaica. did not know them. It was the duty of the In'" trepidin that situation to hatre exercised corresponding care, and· to have reversed at once. Nothing uprevented her from- doing so. As the Jamaica failed in no duty, the blame of the collision must rest wholly upon the Intrepid. Decree for libelant, with costs.
11. THE MIDLAND.
(DfItrict Court, 8. D. HelD Yor1c. November 1O,1811.)
CoLustOlf-JI'oe-DtlTY TO CoMB TO SUlQ).STILL Olf BII4lU1feWJlJITLWI-1':&Yle4'l'JON NIUB SHOB··
The freight and passena-er steam-boat J., when nearing New York in the Blld· son. river, ran into a fog 80 tbick that vellsels could not be !leen more than lOOt. distaDt, and thereupon ha).lled in towards shOre to keep in slgbt of tBe piers. ',rhe ferry-boat lL, bound from Fony-8econd street to Weebawken, followed her usual course, in thick .fog, of keeping the line of the New York sbore to Sixtieth st..,.\, Each vessel heard the whistles of tbe other near at hand, and botb stopped .thelr engines! but tbe J. did not reverse at aU, and the H. not until tbe other vessel W88 seen, WIthin 1110 feet, and too late to avoid collisiolL Held tbat, under tbe circum· stances the. naVigation of the boats near the sbore was not a fault, but in a denae fog, and with fog-signals sounding very near, and nearly ahead, it was the duty of each to come to a stand-still in the water, by reversing as soon as possible, until their respective positions were discovered. As each was in UUaresllectoba; ,eaWe with the same fault, the damages were divided.
In Admiralty. Suit for damage by collision. Hyland Zabriskie, for libelants. Aahbel Gteeu, (Herbert E. Kinney, ofcounsel,) for claimants.
BROWN, J. About 10 minutes past 9 in the morning of Maroh 13, 181}1, during a dense fog, the libelants' passenger and freight steamer
S. A. Jenks, bound from Sing Sing to New York,while navigating near the New York docks, came in collision, about 150 feet outside of the slip between Foriy-Fifthand -Forty-Sixth streets, Northriver, with the ferry-boat Midland, which a few minutes before had left her slip at Forty-Second street, bound for the old ferry lauding in Weehawken. It was clear wea.ther when the Jenks left Sing Sing, and continued so until she reached Ninety-Sixth street, New York, when fog set in.. Tho Jenks thereupon hauled in towards the shore, and reduced her speed to 5 or 6 miles per hour, find came down parallel with the piers, about 150 feet distant from them, as her officers esth:nate, and blowing her fogwhistle, as required. When she arrived off Forty-Niuth street one blast of the whistle was heard on her starboard bow. Her engines were there1Reported il Edward G.
Esq., of \he New York