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.
McCLELLAN ". THE VOLUNTEER AND THE
ooun; B. D. New York.
CoLLISION-HBLL GA.TB-8'rEAMER'S DuTY TO SREEi IN ACOORI>A.NCB WITR SIGNA.LII
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
E,ighty-Ninth s.treet, or 200 ot'800 feetbe10w that point·. But I think ;tbil:tdifference is not very material. The pilot of the Volunteer' ilawthe Syracnsequite a distance below the point, and gave .whtetles, to which the Syracuse immediately replied with two whistles. This imported that the Volunteer would go across the bow of the Syracuse. That would be pursuing her usual course towards the eastward of Blackwell's island. I have no doubt she did pursue very nearly her usual course; that she did not make any such sheer to starboard as to point towards the New York shore, but that she went very near to the shore at the point of the Hook, and that the collision was caused thereby. The evidence leaves no doubt that the Syracuse on the other hand hauled in as as it was prudent to go to the York shore, as it waS proper she' should after the signals, and that she went as near shore as the Volunteer had any right to expect her to go. The Syracuse also slowed, an? soon after .stopped and backed. The bow octhe Ethel struck the car-float near her stern. Several witnesses for the Volunteer place her stern at the time of collision 200 feet from the sh.ore;the witnesses for the SYracuse m$e her nearer; and Hommel; an independent witness on the Three Brothers, just astern of' the Volunteer, who was in the best place possible to see, the p<?sition of the Volunteer, says the Volunteer was running only about 100 feet off the Hook, so that he had to change his course and back oft'. Without entering further into the details of the conflicting testimony, no reason is shown on the part of the Volunteer why, after she gave her signal of two whistles and received the assentiiIg answer of the Syracuse, which was onthe Volunteer's starboard bow, she did not shape her course more to port,. so as to give more room for the Syracuse to pass between her and the shore. The Syracuse was coming up with a strong flood·tide, and there was the more reason, therefore, why the Volunteer should give her sufficient room to pass, and not block her way. ' The Galatta, 92 U. S. 439. She had no right to expect the Syracuse to come to a stand-still in such atida-way as there was there, to enable her to avoid the Volunteer, when the Volunteer, by shaping her course more to the left" could have avoided her. The Syracuse, on the other hand, did have the right to assume that the Volunteer would keep to port enough to let the Syracuse go past, M nothing prevented the Volunteer from doing so. The Volunteer, when 'she gave her signal of two whistles, was presumed to know what she could do, and on what to calculate; and in giving a signal of two whistles she took the risk of givfng the Syracuse sufficient room to pass astern. The collision came from the miscalculation by the Volunteer as to the rapidity of the approach of the two vessels,and from her consequently gtdng too near the point of the Hook. I cannot find upon the evidence that the Syracuse was dilatory in backing; that is to say, ,that she dId nbtreverse as soon as she had )'eason to suppose that the Volunteer was not shaping her course to port sufficiently and in time to allow the Syracuse room to pass. The Greenpmnt, 31 Fed. Rep. 231; The F. &- P.M. No. 2,'44 Fed. Rep. 701.
Judgment should, therefore, be against the Volunteer only, against which a decree .for the libelant may be taken, with costs; and as respects the Syracuse, the libel is dismissed, with costs.
THE TrrAN. SANBORN
(Circu(t Court of Am>6atB, Second Circuit. .January 18. 1899.)
OoLtJSION-Tow AND STEAMER. The tug T., moving slowly. with two car-floats aloDI1;-s1de. came round the Battet"1. into the East river. near the New York shore. Thelteam-boatF. was coming down the Eastr,lver, lVith .the tide. at: a speed of. 12 knots. The boats being about end on. , the T. paned her wh8el, and was about to signal to pasl port to port, in accordance , with the eighteenth rule of navigation. when the F. signaled lier to pass to starherowo course to port. The T. immediately assented. put her hard a-starhoard, aod stopped; but .owiojt to her previous action. and the effeet of the tide on bel' portbow\ she continued to swing to starboard. The F. proeeede4.()n .her course to port untU within 200. or 800 feet, when. she repea.ted the lignal; and altered her course still more to port, but could not do so sufticiently, and eollided ,with tbe starboard tow of theT. HeM. that in departinQ' from the ltatUtory rule the F. took the responsibility of .passing ufely to starboard, and, as the T. did aU she could to comply with the sigoals. she was not in fa.ult. 44 Fed. Rep. 510, a1!irmed. .
Appeal from the Circuit Court of the United States for the Southern District of New York. In Admiralty. Libel by Albert W. Sanborn against the steam-tug Titan and Car-Float No.6, Starin's City, River & Harbor Transportation Company, claimant. Libel dismissed. 44 Fed. Rep. 610. Libelapt appeals. Affirmed. Sidney Ohubb, for appellant. Wm· .W. Goodrich, for appellee. Before WALLACE and LACOMBE, Circuit Judges.
WALLACE, Circuit Judge. This is an appeal from a decree dismissing the libel. The libelant seeks to recover for the injuries received by the steam-boat Frances in a collision with a car-float then in tow of the steam-tug Titan, which took place August 11, 1889, in the daytime, in the East river. off pier 3 a distance of 300 or 400 feet. The baving two car-floats in tow,-one lashed on either side,-had rounded the Battery from the North river, and was proceeding to FortyF'ifth street, in the East river. She was proceeding slowly, at a distance of 200 and 300 feet from the piers, and was about opposite pier the Frances. The Frances was bound for pier 26, North river. She had been making for the New York side of the river,:andwas, when about opposite pier 9. or 10, a little further out tpe,pien than intending to .round the Battery at a distance.,of aQout two or three bundred feet away..$he was going at:8 speed, With the tide, of about 12 knots. Just the