74 F. 648 | 2d Cir. | 1896
The tug Vandercook, having in tow 14 coal-laden boats and barges, assisted by the tug Purcell, left Hammond’s Flat at 6 p. m., November 9, 1893, bound up Long Island Sound for New Haven and intermediate ports. Shortly after midnight an ebb tide and strong easterly wind were encountered, creating a rough sea, by which the tow was broken up, resulting in the loss by sinking of seven of the boats. The question in the case is whether the weather conditions were such at the commencement of the voyage as to justify an experienced navigator, exercising ordinary prudence, and familiar with the ordinary conditions of the proposed voyage, to undertake the trip, in view of the qualities of the tugs, and the character of the tow. The preponderance of testimony supports the conclusions reached by the district judge. The witnesses were examined in his presence, and, so far as the merits depend upon their credibility and intelligence, we ought not to disturb his conclusions. The disaster was not caused by a storm, or any extraordinary perils, but w'as.the result of meeting a strong head wind upon an ebb tide. This should have been anticipated, if the record of the weather bureau of . New York, showing the weather conditions during the 24 hours preceding the commence-