278 F. 918 | 2d Cir. | 1922
(after stating the facts as above).
It is quite probable that the root of the difficulty was that the tug master on the forecastle head faced aft and attempted to give his steering orders by waving his hand in the direction that he wished the schooner’s head to turn. It is the historic rule of the sea that orders are always given to the helm, and it may be true that, when the tu^ captain waved his hand to port, the signal was interpreted as meaning to put the helm to port. But, however this may be, no excuse can be suggested for ordering the tug on the starboard quarter to go astern as hard as she could, when a sheer toward Brooklyn was developing, no matter what the cause of the sheer. This was the commission of a marine tort on the part of the helper tug Herman Lee, and is sufficient to hold her in rem.
“The name of pilot or steersman * * * ‘is applied either to a particular officer serving on board a ship during the course of a voyage, and having the charge of' the helm, and of the ship’s route, or to a person taken on board at a particular place for the purpose of conducting a ship through a river, road, or channel, or from or into a port.’ ” The Wave v. Hyer, Fed. Cas. No. 17,300, 2 Paine, 131.
“The term pilot is equally applicable to two classes of persons, to those whose employment is to guide vessels in and out of ports, and to those who are entrusted with the management of the helm and the direction of the vessel on her voyage.” Pacific Mail, etc., v. Joliffe, 2 Wall. 461, 17 I*. Ed. 805.
Within these authoritative definititions it is plain that in the legal sense the master of the Herman Lee was acting as pilot of the Cressy when directing, or attempting to direct, her course, even though that course was but the wake of a towing tug.
Decree affirmed, with the costs of this court to the Consolidation Coastwise Company only.