81 F. 966 | 2d Cir. | 1897
About 9:45 p. m. of February 20, 1895, the Susquehanna left the foot of Chambers street, New York, on a trip to the Pavonia ferry, Jersey City. She ran out from her slip, and, under a port wheel, turned upstream somewhat east of the middle'of the river. At about the same time Ihe Hamburg, a Roubledecked ferryboat of the Hoboken Ferry Company, left her slip at the foot of Barclay street, which is below Chambers street, also ran out, and swung up the river, bound for the foot of Newark street, Hobo-ken. By the time they had steadied on their respective courses, both boats were heading about up the. river, — the Hamburg a lit tie more towards the Jersey shore. The Susquehanna was to the eastward of the Hamburg about a length to a length and a half, her bow lapping
(1) “Tlio primary fault was in proceeding so near to another high vessel as to be concealed from the view of others likely to be approaching, so-as to leave no sufficient lime for any effective maneuvers afier the proximity of the other vessels is known.” (2) “Each boat. I find, was swinging under the stem of the Hamburg in order to go io her slip. * ® * There was not the least need of navigating or rounding so near to the Hamburg. * * * Site filie Susquehanna i had no right voluntarily and unnecessarily to hide her side lights behind the Hamburg, and then draw under her stem without giving' any such timely notice by lights and signals as is required.” etc.
As above expressed, the first of those faults might be held to arise whenever a vessel navigating in a crowded harbor, on a fixed course, as in the case of a ferryboat, is temporarily “blanketed” by some faster craft over faking her. The affirmance in the circuit court in the
In this case, as in that of The Gypsum Prince, supra, the testimony of those on the Susquehanna, including her pilot and wheelsman, is direct and positive that she did not swing- to port, but continued heading “up the river,” as the Hamburg drew ahead, intending to continue on that course until above their slip, and then to turn in and make it. They testify that they thus continued until they saw-the Albany, and the subsequent navigation of both vessels need not be described, since we concur with the district court in the conclu
Another suggestive fact most strongly corroborates the testimony of the pilot of the Susquehanna. As the Hamburg and the Susquehanna proceeded up the river, they had the Harsimus crossing their course on the starboard hand. It was their duty, therefore, to avoid her, and the Harsimus’ duty to keep on. They might have avoided her by slacking up, sheering to starboard, and going astern of her. They might, also, with the Harsimus’ assent, have crossed her bows; but, if they wished to adopt the latter course, it was most imperatively their duty to signal such intention to the Harsimus by a two-blast whistle, and obtain her assent to such maneuver. To undertake to cross in front of the Harsimus without giving such signal would have been reckless negligence. The Hamburg, wishing to cross the Harsimus’ bows, gave a two-blast signal, which was assented to, but the Susquehanna gave no signal whatever to the Harsimus. This circumstance supports the evidence of the Susquehanna’s pilot that he did not wish to attempt to cross the tug’s bows, as he might thus “get crowded to Jersey,” and that he ported his wheel a little to go under the tug’s stern. We find nothing in the angle of collision which conflicts with the Susquehanna’s story. The Albany undoubtedly ported after the Susquehanna came in view, and the consequent swing to starboard would tend to bring the boats together on nearly opposite courses. The decree of the district court is reversed, with costs, and the cause remitted to the district court, with directions to decree for damages against the Albany alone.