48 F. 730 | 2d Cir. | 1891
By the decree of the district court for the southern district of New York, damages were awarded in favor of tbe libelants against both claimants, for injuries' sustained by'the canal-boat
The district court held the tug also in fault because she did not turn .the tow’s stern, directly to the wave. In this opinion we cannot concur. She was not bound to look out for danger from an overtaking vessel. As the overtaken vessel, she was to keep her course. No regulation required signals from her. It was broad daylight, and she wras plainly visible. Her master did, in fact, see the Majestic some time before she came abreast of the tow, but he was entitled to assume that she would take proper measures to avoid disaster; and, though he saw the wave some little time before it struck, he might reasonably have anticipated that it would decrease in traversing the space it had to travel. We are unwilling to lay it down as a rule of navigation that tugs, towing in harbors, must always turn the sterns of their tows to the swells cast by overtaking steamers.
The decree is reversed, and the case remanded, with instructions to enter a decree against the Majestic and her stipulators for the libelant, for the full amount of her’ damages, with interest from the date of the