49 F. 956 | 2d Cir. | 1891
The libel in this cause was filed by the owner of the canal-boat Western Star against the steam-boat and the two ste im-tugs-to recover the damages occasioned by a collision between his canal-boat, while she was in tow of the two tugs, with the steam-boat. The district court adjudged the steam-boatand the two tugs jointly in fault for the collision, and condemned them for the damages sustained by the libelant. The owner of the steam-boat and the owner of the two tugs bo ;h appealed from that decree. The question now to be determined is wl ether the steam-boat was solely in fault, or the tugs were solely in fai.lt, or whether both were in fault. The collision took place between Governor’s island and the Battery, at the intersection of the East river wi ;h the North river, a few minutes after 7 o’clock in the morning of
The learned district judge, as appears from his opinion, condemned the steam-boat because she was negligent in not hearing the fog signals of the tugs, and not anticipating the tow behind them and stopping before it came in sight, and condemned the tugs for negligence in not giving fog signals from the boats in tow while crossing the East river. 44 Fed. Bep. 693. We differ with the district judge as to the speed of the steam-boat at the time she discovered the tow, believing, not that she was going very slowly, but that she had regained very nearly her full half speed, and was going at sucli speed that she could not be brought, to a stand-still within twice the distance at which another vessel could be seen in so denso a fog. In this view of the facts, she was not going at the moderate speed in a fog which the statute requires. We are not quite satisfied that she did not hear the whistles of the tugs, and did not proceed upon the assumption that the tow was to the northward of her path: but, if she did not hear the whistles, she ought, to have heard them, in view of their proximity and the atmospheric conditions. As she should have heard them, and understood their significance, she is culpable to the same extent as she would be if she had actually heard them and disregarded them.
We do not think the tugs were guilty of any negligence which was contributory to the collision. Concededly, they performed all their