OpenJurist

THE

c. a;

476

TaE C. R. STONE. 1

NEW

Yon

HARBOR

&

Co. ".THE C. R. STONE.

(DisU'Wt Court,E. D. New York. February 18,1892.)
CoWSJON-BATTEBT, NEW

WAY.

You HARBoR-RoUNDING TO--INSISTENOB ON RIGHT OP

The steam-tug Btone, with a tow, was rounding the Battery from the East to the North river, keeping within 200 or :<50 feet of the Battery wall. The steam-boat. Fletcherhad come down the North river, and was roundinl{ to against the ebb-tide, to make her usual landing near the north end of Castle Garden dock; When the Fletcher began -to turn towards the. dock, she whistled twice, indicating that she would cross the Stolle'S bow. ',l'his signal the Stone heard, but did not heed. though her pilot knew tbe landing place and purpose of the Fletcher. The Fletcher repeated her signal, to which an answer of two whistles was given by the Stone. The Stone's tow struck the stern of the Fletcher. Hetd, (1) that the Fletcher had the right to make her landing, and the Btone, navigating unnecessarily near the shore, was bound to give way to her. when there was no diftlculty in doing so, i. e., by atarboarding at the Fletcher's first signal, and she was in fault for not doing so; (2) the Stone was further in fault for her failure to keep any proper lookout, especially when roundinlt the Battery; (3) but the Fletcher had no right to run into collision for the enforcement of her right of way. and her continUing on without awaitinR the Btone's acquiescence ill her first signal of two whistles was a fault, which rendered her also liable for the collision.

In Admiralty. Suit by the owner of the William Fletcher to recover for damages by reason of collision between the Fletcher llnd a barge in tow of the tug C. R. Stone. Wilco:t, Ada'l1Ul & Green, for libelant. Carpenter & Mosher, for claimants.
BROWN, District Judge. At a little after 6 o'clock in the morning on May 11, 1891, as the side-wheel emigrant steamer William Fletcher was coming down the North river and rounding to against the ebb-tide to make her usual landing near the northerly end of the Castle Garden "dock, her stern was run into and damaged by a barge lashed to the port side of the steam-tug C. R. Stone, which had come out of the East river, and was keeping up along the shore at a distance of only 200 or 250 feet from the Battery wall. Before rounding and when a considerable distance from the Stone, the Fletcher gave a signal of two whistles, which was heard but not answered. The signal was repeated, to which an answer of two whistles was given by the Stone. The captain of the Fletcher testifies that being headed previously about south, he did not begin to round until the Stone's answer of two whistles was heard. The pilot of the Stone testifies that when the Fletcher's first signal was given, the Fletcher had already turned towards the Castle Garden dock, and was heading about east and was only 350 feet distant. He further says that he had not noticed the Fletcher until her first whistle was given. The libel and several witnesses state that the Fletcher began to turn after her first whistle and before her second, and of cOurse before any answer from the Stone. But all the witnesses for the Fletcher estimate that the disJ Reported

by Edward Uo. Benedict, Esq., of tbe New York bar.

FEDERAL. REPORTER,

vol. 49.

tance of the Stone at the time of the first and second signals was much greater than the estimates of t11e,8tooe's witnesses. I am satisfied that both vessels must be held in fault for this collision. It is in. the main like the case of The Susquehanna, 35 Fed. Rep. 825. When the Fletcher gave her first signal and began to turn towards her landing placel Shll was about twice as far from the docks as the Stone. Her signal was heard. There was then plenty of time and space for the Stonet6' go out of the way to the left, as it was her duty to do under the circumstances. Had the Stone then properlystarboarded, the collision would'hll.ve been avoided. The Stonewas navigating close to the docks, where she had no right to be. The Fletcher, which was recognized by the Stane, and whose landing place and habits were well known to her, had the' right of way to make her landing directly,without any unnecessary delay for the mere convenience of the Stone"since the latter could without difficulty have kept away. The rights of the two vessels were Jifferentfrom thosea.rising on merely passing each other in ordinary navigation. The Fletcher had the right to make her landing; and the Stone, navigating unnecessarily near the shore, was bound to give way to her when there was. no difficulty in doing so. In The Susquehanna., 8Upra, BENEDICT, J., says: "The position of the ferry-boat with relation to the ferry-slip in myopinionqast upon thA tug the duty to stop at once, or else, by sheering out in her propf:1r place in the river, to go under the ferry-boat's stern." The Fletcher's first signal of two whistles was not a permission asked to go ahead of the Stone, but notice of a right claimed, and the Stone was bound to heed it and to keep Oft'l if the notice was given in time, and of that I have no doubt. The Stone was in fault forlwrdelay in doing so. The cases cited to the opposite seem to lIle not, applicable·. In The Delaware, 6 Fed. Rep. 195, the tug could not keepf!.Wq.y after the signal was given. In The Talisman, 36 Fed. Rep. from two to three times as far from shore, and had at first no reMan to suppose the steamer meant to cross, and stopped as: Boon as ,she had notice of tha;t intent. . But to.8 Fletcher had no right to run into collision for the enforcement of her right ()f way. The course of the Stone was such that collision was pretty certain, unless the Stone acquiesced in the Fletcher's signal and maneuvered accordingly. I am satisfied that the Fletcher did not wait till after the Stone's acquiescence in her second signal, but turned to cross the Stone's bow at once, and continued on till her second signal of two whistles, when it was in fact too late to avoid a collision with the Stone, or else with the vessels moored at the dock. For this the Fletcher was also in fault.. The Susquehanna, supra; The Fanwood, 28 Fed. Rep. 373; TMFriRia, Id. 249, 24 Blatchf; 40; The John S. Darcy, 29 Fed. Rep. 644,648, .affirmed, 38 Fed. Rep. 619. The StC;>1l6 wasfurtber toblame for not keeping any proper lookout, the more especially amid the.liabilities to collision in rounding the Battery., This was material because it led the Stone to fatal delay in starboarding. Had a proper lookout been kept by the Stone, the Fletcher's intention to land would have been instantly recognized when her first

THE VOLUNTEER.

477

signal was given, and no delay would have arisen in properly starboarding at once, instead of waiting for a repetition of the Fletcher's signal; and this would have avoided collision. The libelant is entitled to a decree for half his damagesj if not agreed upon, a reference may be taken.

hE VOLUNTEER.

THE SYRACUSE.

McCLELLAN ". THE VOLUNTEER AND THE

W18tri.ct

SYRACUSE.

ooun; B. D. New York.

February 9,1899.}

1.

CoLLISION-HBLL GA.TB-8'rEAMER'S DuTY TO SREEi IN ACOORI>A.NCB WITR SIGNA.LII

-TIDB.

TbiEl rule is especially obligatory on a vessel meeting another wbicb is coming with a &trong tide. I. SAMB-STATEMEN'r OP CA.sB-CBoSSING Bows. , Volunteer, coming from the Harlem river with a car-float, and bound do\Vn' the easterly channel past Blackwell's island, saw below Horn's Hook the 'tug Syracuse; with libelant's approaching in the strong flood-tide. The Volunteer blew two wbistles, indicating that she would pass ahead of the Syracuse, and tben pursued very nearly her usual course down the cbannel. The Byra..cuse:answered with two whistleB, and drew in close to the New York shore. The Volunteer kept very near to the point of the Hook, and owing to her misca.lculation as to' the speed of the approach of the Syracuse, she did not sheer to port soon enough, nor give room to tbe Syracuse to pass astern, and· tbe vessels collided. Held, that the Volunteer, in crossinll; the bows of tile Syracuse, took tbe risk of fail. ing to slleerout in time, in aCCOrdance with her signal, and was solely responsible fo!; 101l.e CQllision.

is their duty to sheer to one slde or another, in accordance with such whistles.

When vessels are approacbin!l' in Hell Gate, and signals bave been excbanged,it

In Admiralty. Libel by William R. McClellan against the steamtugs Volunteer and Syracuse, for the loss of the canal·boat Ethel by collision, Decree ior libelant against the Volunteer, and libel dismissed as to the Syracuse. Oarpenter. & Mosher, for libelant. lIyla,nd & Zabriskie, for the Syracuse. Good1-icJ", Deady & Goodrich and Mr. Foley, for the Volunteer. BROWN, ,District Judge. On the 19th of March, 1891, about 2:30 M., the tide being flood, as the steam-tug Volunteer having a carfloat on her starboard side, was passing Horn's Hook in coming from the Harlem river, and intending to go down in the easterly channel past Blackwell's island, her float came in collision with the libelant's canal-boat Ethel, which was going up river in tow of the steam-tug Syracuse and on her starboard side, and the Ethel soon after sank. The libel was fileq to recover the value of the canal-boat and cargo, with the personal effects of those on board. . Thereis considerable difference in the testimony concerning the precise oithe collision, whether immediately off Horn's Hook at
;r.