77 F. 1000 | S.D.N.Y. | 1896
In the evening of December 30, 1895, the libelant’s scow Aurora, loaded with garbage, was taken in tow in the East river by the steaming Governor, with other boats to be taken out to sea for the purpose of dumping. After getting-round Governor’s Island the weather and water was so rough in a southeast gale, that the Governor turned about and landed her low along the bulkhead -forming the outside of the Atlantic Basin. During- the night the wind shifted to the westward, and the libel-ant’s boat was damaged by pounding in that position before the boats were moved to the interior of the basin; and the above libel was filed for this damage.
The place where the tow was moored was sheltered from a southeasterly-gale; but it was exposed to the-effects of westerly or northwesterly winds; and in any wind to the west of south, the place was not a safe place for such a, Low. There would have been no difficulty in taking the scows inside of the Atlantic Basin at the time they were moored outside; nor during several hours succeeding. The scow was without an,)’ fault; aud it was at the risk of the tug that she moored the tow in a place exposed to westerly winds. After mooring them in I hat situation, it was specially the tug’s duty to take note of any changes of wind that might prove injurious. Southwesterly gales are usually shorter than the northeasterly gales; and it is a very common thing for a southeasterly gale to shift through the southward to the westward. Iu the present case the testimony shows tha t this change was not sudden, but quite gradual, and' that the wind after shifting to the southward
Decree for the libelant, with costs.