34 F. 660 | S.D.N.Y. | 1888
At about half past 7 in the morning of September 15, 1886, as the libelant’s side-wheel steamer Catskill, was coming down the North river and approaching her wharf at the foot of Jay street, she came in collision with the ferry-boat Baltimore, which was coming up from the Jersey City ferry to her slip at Lesbrosses street. The starboard bow of the ferry-boat struck the starboard bow of the Catskill about 50 feet
The primary obligation rested upon the Catskill to keep out of the way, as she had the Baltimore on her starboard hand. She was in fault —First. For not signaling to the Baltimore earlier than she did. This was first done at less than half the distance required by the inspector’s rules. Second. She was further in fault for undertaking to pass to the left when that course was not necessary and without having first had a
As respects the Baltimore, the case is similar to many others, in which, notwithstanding the primary fault is that of the vessel bound to keep out of the way, the other vessel is also held in fault for not stopping and backing as soon as the purpose of the former vessel to go ahead was clear, and when it was manifest that the other could no longer, by her own efforts, avoid collision. The Columbia, 25 Fed. Rep. 844; The Frisia, 28 Fed. Rep. 249; The Fanwood, Id. 373; The Aurania, 29 Fed. Rep. 99. So long as the vessel bound to keep out of the way has clearly time and space enough to do so, and there are no certain indications of any 'contrary intent, the other vessel has a right to presume that the former will do her duty, and is not bound, under rule 21, to stop and reverse. When that limit is passed, rule 21 requires immediate stopping and reversing, if necessary to avoid collision. The pilot of the Baltimore in this case did not stop till much beyond that limit. He had special reason to be upon his guard, because there were several vessels below, to which the Catskill was obliged to pay attention; and because he got no response to several of his own signals to the Catskill. The course of the Catskill was plain. She was nearing the shore, evidently making for her wharf, and unless she sheered'to the westward some considerable time before reaching the place of collision, which she did not do, it would be difficult for the ferry-boat even to reach her slip by going through the com paratively narrow passage to the right, or to the eastward of the Catskill. The Catskill, instead of sheering to the westward, as she might have clone to make room for the Baltimore to pass easily to the right, manifested from the first a contrary intention; she continued on her course to run ahead of the Baltimore at rapid speed. The pilot of the Baltimore saw w'hat she was doing, and knew, or ought to have known, her intentions; but he did not reverse until within about 200' feet of the place of the collision, long after the course and the intention of the Catskill to cross his bow were plain. The pilot knew that by backing earlier he could not possibly do any harm, nor in the least thwart the purpose of the Catskill. The right of way is not a right to run into unnecessary collision. The Non Pareille, 33 Fed. Rep. 524, and cases cited; The Beryl, 9 Prob. Div. 137. Notwithstanding the fact, therefore, that the primary fault was the Catskill’s, in presuming that the ferry-boat would give way to her, and in attempting to run ahead upon that expectation, the ferry-boat must also be held to blame. The great stake in the lives and property of innocent persons forbids any relaxation of the rule that requires, in the face of an impending collision, that each boat shall take such timely and suitable measures to avert it as are