26 F. 862 | D. Me. | 1885
On the morning of November 8, 1883, between 12 and 1 o’clock, at a point about five miles south of Watch Hill Light, in Block Island channel, a collision occurred between the schooner Regina and the Mary Lord. The Regina, which was loaded with coal, and bound from New York to St. John, New Brunswick, was so injured that she -instantly sunk. The Mary Lord, having on board a cargo of spruce lumber under and on deck, filled, but from the nature of her cargo was kept afloat, and the weather being favorable was
The precise time of the collision is somewhat uncertain. The direct evidence in regard to it is only the judgment of the witnesses. No one pretends to have noted the time by any clock. But, taking into consideration the incidents on hoard both vessels, and the time of Capt. Walls’ hailing and offering assistance, I think it quite certain it could not have been later than 15 minutes past 12. I am also satisfied that both vessels were then, and for considerable time before had been, running free with the wind from N. They were thus approaching each oilier, end on, or nearly end on, and the helm of each should have been put to port, under the requirement of the eighteenth sailing rule. But this duty rests only on those who know or ought to know the way the vessels are approaching. The lights directed by statute are for the purpose of giving to the vigilant and attentive necessary information to govern them in the navigation of their own vessel. The absence of lights will not excuse neglect of duty, when, by the exercise of proper care, the position and direction of an approaching vessel might otherwise be seasonably known. In this case the master of the Regina was on the lookout, and an experienced and competent seaman had the wheel.
The testimony of the lookout is that he first discovered the green light of the Mary Lord about one-half a point on his starboard bow, and about half a mile distant, and that at once he passed over to leeward side, and took his position where he could carefully watch it, and never removed his eyes from it till tho collision; that at no time was any red light visible on the Mary Lord. The man at the wheel says that very soon after he had taken it the captain gave him the order to luff, and he put his helm to starboard, and the schooner
The lookout of the Mary Lord, at the time of the collision, was on his first voyage, and had been on board only two or three days. His previous experience was entirely foreign to nautical affairs. He and the second mate, who is a son of the master, both say that they took pains to look at their own lights every time they stepped from one side of the deck to the other, and that both were constantly burning up to and after the collision. This extreme vigilance in regard to their lights, on the part of an experienced seaman, as well as on that of a person at sea for the first time in his life, is not credible. Moreover, if the lights were placed and protected by screens, as they ought to have been, it is questionable if either of these witnesses could have seen them as they have testified. It is admitted that that red light had, once at least, on a former occasion, gone out. It is also proved that on this night, some time after the collision, it was out, and was taken into the cabin and relighted. One of the crew of the Mary Lord testifies that, with a heavy wind and slack rigging, it would go out, and admits that’ he told one of the libelant’s witnesses that it had sprung open. Nearly all the witnesses of the claimants admit, that very soon after the collision, some say as soon as he got on their vessel, the captain of the Regina charged that they had no red light, and though several say they went to look, and found it burning, not one of them called the complaining master’s attention to the fact.
■ On the other side, the master of the Regina swears positively that it was not visible to him at any time before the collision, although he was on the lookout at a proper station; that after the collision, and when on board the Mary Lord, he went forward, stepped up on the forerigging so as to look, at a distance of not more than two feet, upon
That the red light of the Mary Lord was not burning, I think is established, and its absence explains why the lookout of the Regina did not discover her before she had approached within half a mile on a night admitted to have been clear starlight. The courses on which the vessels were sailing — one E. J N., and the other due W. — show that for a timo not long before the collision the Regina was slightly to the leeward of the Mary Lord, and all that time was in no position to see the green light, which would open to her only when the lines of approach crossed. The witnesses from the crew of the Mary Lord say they saw the Regina at the leeward, showing hor red light, from one to two miles distant, and then they saw both of her lights, which is as they should have been seen. It is equally plain that when the green light was first seen by the-master of the Regina, his schooner had got to the windward of the other, and from that moment he took all the precautions incumbent on him, unless it appears that he saw, or ought to have seen, the Mary Lord, notwithstanding she had no red light, in season to take further measures to avoid danger.
He testifies that he kept constant watch of tho green light, from the instant he described it till tho collision; that, as soon as he, saw it, lie gave orders that would carry him further away, out of danger; that when he found that tho light still seemed to draw near instead of receding, he repeated the order i'gr further divergence; that as soon as he could discern the vessel coming towards him, so as to know how she was approaching, he ordered his wheel hard down. The man at the wheel corroborates these statements, and says the orders were strictly obeyed. Both testified that they heard on board tho Mary Lord the order “hard a-port.” There is no reason for doubting these statements in respect to what took place on the Regina.
The mate of the Mary Lord and the man at her wheel deny that her wheel was ported, and that any order to port was given. They
Decree for libelant; an assessor to be appointed, to determine amount of damage.
Appealed to the circuit court.