66 F. 366 | 2d Cir. | 1895
The collision which is the subject of this controversy took place in broad daylight, off pier 4, New York City, in the East river, between the tug Garfield and the propeller Barstow. There was an ebb tide, running at the time between three and four knots an hour. The Barstow had come around the Battery from the North river, intending to make pier 11, and was proceeding up the East river at a speed of about six knots against the tide, on a course parallel with, and about 400 feet from, the ends of the piers. She had gradually overtaken the tug Atlas, which had also come round the Battery, and was bound for pier 4, on a course between the Barstow and the piers. The Garfield had been lying outside some other boats at the end of pier 4, and had just started on a trip across the river to Brooklyn, heading somewhat against the tide. Neither the Garfield nor the Barstow observed one another until the Barstow had reached a point a little below and off pier 3, and the Garfield had got under full speed, — about seven knots an hour. The Atlas was then lying nearly stationary, about 100 feet away from, and a little belowr, the end of pier. 3. As soon as the Garfield observed the Barstow', she concluded to cross her bows, and gave the Barstow a signal of two whistles. The Barstow immediately answered with a similar signal, reversed her engines at full speed, and hard-starboarded her helm. When the signals were exchanged, the Garfield was within a couple of hundred feet of the intersecting point in the courses of the two vessels, and the Barstow was not much further distant. The master of the Garfield assumed that the Barstow would alter her course to port, and assist the Garfield in crossing her bows, and he paid no attention to the movements of the Barstow after the signals were exchanged. Instead of keeping the Garfield’s head to the tide, he allowed her to fall off her course, and swing with the tide towards the bows of the Barstow. The Barstow did not have time to alter her course to port materially before the collision, and, although she was brought almost to a standstill, the Garfield’s starboard side came in contact with her stem, and the Garfield rolled over and capsized.
Upon these facts we think both vessels should be condemned for contributory fault. The Barstow was proceeding in violation of a state statute which makes it the duty of steam vessels, when navigating the East river between the Battery and Blackwell’s Island,