257 F. 778 | D. Mass. | 1919
The Currier, which is a large steamer (370 feet long, 52 feet beam, 20 feet draft at the time in question, and properly manned and equipped), came out of the Everett Gas Works dock in the Mystic river about 7:30 a. m. on September 11,
When the steamer was 800 or 1,000 feet away from the bridge, the order was given to start her engines slow astern. This order was properly repeated back from her engineroom. According to her engineroom log, however, it was executed as slow speed ahead. After a short, but appreciable, interval, it was noticed by those in charge of her that her headway was not being checked as was expected. By this time she was so near the bridge and moving at such a speed that there was obvious danger of an accident. The order was then given full speed astern and was executed. By the time the backwater from the propeller had become noticeable around the Juno, the attention of everybody was directed toward the impending collision with the bridge. This accounts for the failure of the men on the Juno to notice the backwater, and for their testimony—which I think mistaken— that the steamer’s engines were not running astern before the accident.
The draw is 362 feet long and weighs about 1,400 tons. It revolves on its center. It got in motion slowly at first, turning from the steamer. After it had swung 8 or 10 feet, the steamer overtook it and collided with it, crushing in the outer stringer and damaging one oí the heavier members farther inside. The draw continued to open, and drew away from the steamer, which advanced through the opening. The Juno at this time was on the steamer’s port quarter in the draw opening, between her and the draw pier of the bridge. The draw revolved until it came to its middle, or full-open, position. At that point it ought to have stopped, but it did not do so. It continued to revolve, and its left end—the one not struck by the Currier—over-swung and crushed the Juno against the side of the Currier, inflicting serious injuries on the Juno, to recover for which this libel is brought. The Currier kept on through the draw, and the Juno also. This is the account of the accident given on behalf of the Juno and Currier. In its main outlines it is not disputed, and I find the facts as above stated.
Nobody contends that the Juno was at fault, and it is plain that she was not. As between her and the Currier, the only allegation of fault on the part of the latter, which requires discussion, is that the Currier’s
Turning to the occurrences on the draw: Its crew were not at their posts when, the first signal was given by the Currier. Nobody was on watch in the tower or on the bridge proper. All the men were down in the house on the pier, on the opposite side from the Currier, changing their clothes and getting ready to go off duty at 8 o’clock. They were not aware of the Currier’s signal until their attention was called to it by Capt. Ford of the tug Sprague, which was tied up at a nearby pier. Capt. Ford heard the Currier’s signals and noticed that they were not being heeded by the draw crew, and he called the attention of the draw crew to them. Even after this was done, the draw tenders did not go about their work sharply, as they ought to have done. There was delay in excluding the traffic, a delay which, as the accident could have been avoided, if the draw had started to open but a short time sooner than it did, directly entered into the accident. _ It is clear that there were serious faults on the part of the draw crew in not being at their post of duty, in not observing the signals of -the Currier, and in failing to exclude traffic and open the draw promptly, as the regulations require. Rules and Regulations to Govern the Opening of Bridges Crossing Boston Harbor, Made by Secretary of War, rules 7, 8, and 10; River and Harbor Act Aug. 18, 1894, c. 299, § 5, 28 Stat. 362 (Comp. St. § 9973). Testimony by men whose fault is of such gross and obvious character, given in attempted exculpation of their conduct, does not carry conviction when contradicted; and I accept in the main the story as to the movement and conduct of tire draw as given on behalf of the Currier and the Juno.
The immediate cause of the present accident was the fact that the drawtender mishandled the draw. He did so because he was upset, (mentally) by the collision between the Currier and the draw, and her continuing ahead after the collision had taken place. As above stated, his attention was focused solely on getting the draw out of her way, until too late to prevent the over swing, which did the damage. As between the Currier and the city, it may be that the latter—equitably at least—should stand the loss; but, as between the Currier and the Juno, I think that the former’s negligence so continued into the accident as to make her responsible for it.
A decree may be entered in favor of the libelant against both the city of Boston and the Gulf Refining Company, and the case referred to an assessor to state the damages.