273 F. 227 | D. Mass. | 1921
This is a case of collision between the schooner Florence Thurlow and the steam tanker Laramie, owned by the United States Shipping Board. At the time in question the Laramie was proceeding, under ballast, from New York to Tampico, Mexico, where she was to load oil under a charter party with the Barber Asphalt Paving Company. The United States filed a suggestion of want of jurisdiction, and exceptions to the libel on the ground that the Laraipie was not a merchant vessel, within the purview of the Act of March 9, 1920, c. 95 (41 Stat. 525), which are overruled. The United States thereafter answered, and the cause proceeded as a libel in personam against the United States.
The collision occurred on May 12, 1920, about 9 miles southeast of Sea Girt light on the New Jersey coast, at about 9:20 p. m. The Laramie was running almost due south;.the Florence Thurlow about north. The schooner was a four-masted vessel. She had all lower sails set; her booms being well off on the starboard side. She had come from, Jamaica, and carried a cargo of logwood, part of which was on deck. The night was clear and dark; the wind, south-southwest and light. There was a shower just after the collision, while the schooner’s crew
Taking the evidence of the schooner alone, it shows that she was free from fault, and that the accident was due to improper navigation of the steamer.
The description of the.accident as given by the steamer’s witnesses does not differ greatly from that given by the schooner’s, except as to the starboard light of the schooner. The steamer was in charge of her third mate, but apparently her captain felt some responsibility for the watch; she had a lookout on her foredeck and a man at the wheel. Her log shows that Sea Girt light was abeam at 9 p. m. As she approached it a four-point bearing was taken, to determine the distance of the steamer from the shore. The captain and the third mate were both engaged in that work.
The first that was seen of the schooner from the steamer was when the lookout discovered what appeared to him to be a dim white light
When the light was first observed and reported on the steamer, the mate ordered her helm to port — i. e., he swung her to the right across the schooner’s bow; but the steamer never seems to have been so far to port of the schooner as to open the latter’s red light. When the color of the light and the sails had become apparent, he directed the steamer’s helm to be put hard astarboard, swinging her away from the schooner. He says that the two orders followed each other very closely, only a few seconds between. Her helmsman, however, testifies that there was perhaps a minute between the order to port and the counter orders to starboard and hard astarboard, which came practically together. As the steamer was making nearly 1,000 feet a minute, the difference in time becomes material. The testimony of the helmsman agrees with the testimony given by the schooner’s witnesses, viz. that they saw the steamer swing to her starboard, and later, when she was close at hand, swing back. On the steamer’s testimony, she did not turn to starboard until after she had discovered the schooner’s light; and, of course, being a large vessel, she did not begin to swing the very instant that her helm was ordered to port. An appreciable time must have elapsed after the order before the effect could be noticed from another vessel. Even on the steamer’s testimony, it appears probable that the schooner’s light was first seen when far enough distant for the steamer to have avoided accident, if she had promptly recognized the color of it, or had stopped her engines and proceeded cautiously until its character could be made out.
The only excuse advanced by the steamer for her failure to keep out of the way of the schooner is that the latter was not showing a proper light; and there is no doubt a good deal of evidence on the part of the steamer that the light was dim and smoky. But I am inclined to give more credence to the schooner’s crew than to the steamer’s in regard to that matter. They had the steamer under observation longer than the steamer seems to have had them, and would naturally in the meantime pay particular attention to their own lights. The Alice v. Phillips, 81 Fed. 415, 26 C. C. A. 467; The Richmond (D. C.) 114 Fed. 208,
On all the evidence, I find and rule that the collision was caused solely by the fault of the Laramie. See Brigham v. Luckenbach (D. C.) 140 Fed. 322; The Noreuga (D. C.) 211 Fed. 355.
Decree that the Laramie was solely at fault, and refer the case to an assessor to state the damages.