12 F.2d 436 | 2d Cir. | 1926
The colliding vessels,
both passenger craft of well-known lines, were scheduled to sail from New York at the same hour, 10 a. m., and each thought it sailed on time. The Lorraine’s pier was on the Manhattan side of North River; the Prinz Friedrich Wilhelm started from a pier relatively downstream and on the New Jersey side.
We regard the case as one of special circumstances; the Wilhelm was not on a course; she was executing a maneuver very familiar in'river harbors preparatory to laying a course. She had good right to back reasonably for the execution of this maneuver, but she had not the privilege of backing so far as to interfere with the navigation of vessels on their courses and not unreasonably near the pierhead line. Just how far that backing privilege extends it is no more possible to define in yards than it is to extract a meaning from the word “reasonable,” that will serve as a rule of conduct applicable to all cases irrespective of attending circumstances.
While Wilhelm was plainly backing across Lorraine’s course, the latter vessel, at a speed about which there is much contest, approached within less than 300 feet of Wilhelm. This is the finding below and we see no reason to differ. But, whatever her rate of progress, Lorraine did nothing to avoid collision until so near that the reverse then ordered was useless. In full daylight, with no adverse conditions of wind or weather, this is proof enough of negligence.
It seems to need repetition that no code of navigation gives leave to run into collision; ■the saving rule of special circumstances flavors every other rule with the salt of caution and common sense. It seems to us plain that both these vessels, in obstinate assertion of an erroneously conceived privilege, failed in every precaution against obviously threatening collision; therefore both are in fault.
Decree affirmed. No costs.