41 F. 603 | S.D.N.Y. | 1890
On July 29, 1889, at about half past 8 o’clock in the morning, as the ferry-boat Baltic, upon a regular trip from Hamilton avenue, Brooklyn, was approaching her slip near pier 2 at the Battery, she came in collision with the libelant’s canal-boat Moscow, loaded with coal, which was in tow of the steam-tug W. H. Beaman, upon the tug’s starboard side. Both boats were nearly stopped at the time, but the blow was sufficient to cause the canal-boat to sink about half an hour afterwards. The libel was filed to recover the damages to the boat and cargo. The collision was from three to five hundred feet off the ferryboat’s slip. The tug and tow had come from Weehawken, and were bound up the East river. According to the testimony of the pilot of the tug, they had come out of the North river, keeping about 300 feet from the piers, and following the line of the shore. The tide was strong flood in the East river. The pilots of both boats say that they did not notice each other until the Beaman was about off pier 1, and the Baltic between Governor’s island and Diamond reef; both estimating their distance apart, when first seen, at about a thousand feet. The Baltic was going on her usual course in the flood-tide, though there is contradiction whether off Diamond reef she slackened her speed or stopped her engine. Her chief pilot says she did n'ot. Others testify that she did.. The Beaman was coming under a slow bell. The Baltic’s pilot testifies that when about a thousand feet distant he gave a signal of one whistle. This meant that he would go ahead of the Beaman. Getting no answer, he again blew one blast with his whistle when about six or seven hundred feet distant, and ported in order to make the necessary turn into her slip. He says that he then saw the Beaman starboard, which made collision likely; and that thereupon, when about 300 feet apart, he rang the bells- to stop and back strong, which was done, though not in time to avoid a slight blow. The pilot of the Beaman testifies that he heard no. signal from the Baltic; that when he first saw the Baltic off the east end of Governor’s island, she was on his starboard bow; and that he expected that she would go astern of him.
.There is too much evidence that signals were given by the Baltic to permit me to doubt that fact. • That they were not heard by the Beaman when so near, I can only ascribe to inattention. Without stating further details of the testimony, three faults on the part of the pilot of the Beaman seem to me to be clear: (1) Inattention to the signals of the Baltic. (2) Proceeding near the shore, and impeding the access of the ferry-boat to her slip, instead of going further towards the middle of the river and astern of the Baltic, as required by law. Laws N. Y. 1848, c. 321; 4 Edm. St. 60; The Maryland, 19 Fed. Rep. 551. Most of the collisions in that region arise from this cause. (3) Having the Baltic on his starboard hand, and knowing her necessary course and swing into her slip, he did not keep out of her way, as he was bound to do. The John S. Darcy, 29 Fed. Rep. 644; affirmed, 38 Fed. Rep. 619.