43 F. 151 | S.D.N.Y. | 1890
The above libels were filed to recover damages for the, loss of the pilot-boat Charlotte Webb, with tho personal effects of those on
Damages for collision are given under our law only upon proof of fault, actual or presumptive. As between a steamer and a sail-vessel, upon proof that the latter lias observed all the rales of navigation, fault in the steamer in case of collision is presumed, except on an issue of inevitable accident, (The Florence P. Hall, 14 Fed. Rep. 408-416, 418, and cases cited;) and the burden is upon her, if she would avoid liability, to satisfy the court that she has observed all the rules of navigation, and of careful seamanship. If this be proved to the satisfaction of the court, she is entitled to acquittal. The loss is ascribed to inevitable accident, or perils of the sea, and remains where it fell. The Morning Light, 2 Wall. 550-556; The Marpesia, L. R. 4 P. C. 212-219.
The Pilot-Boat’s Signals. On careful consideration of the testimony, and of all that has been urged in behalf of the claimant, I must find that fog signals, as required by law, were duly given by the pilot-boat, and that she is without fault in this respect. When the Normandie’s whistles were first heard two persons only were on deck, Capt. Scott, who was at the wheel, and in charge of the watch after 10:40 r. m., and Olsen, who was the lookout, and blowing the fog-horn. The horn was blown by a mechanical appliance of approved form, giving blasts audible, as the testimony states, at three or four times the distance at which a born blown from the mouth would be heard. Olsen went on the lookout at 10 r. m. He and Capt. Scott testify that the horn was sounded regularly at intervals of about a minute from that time to the collision; the signal being one blast, in conformity with the rules of navigation, the pi- • lot-boat being on her starboard tack. The fog signals of the Normandie, as they testify, were heard a considerable time before collision, estimated at from 15 to 30 minutes. These signals, according to the claimant’s testimony, were given at intervals of about one minute. Capt. Scott testifies that ho located these signals as bearing by compass W. by N., or W. N. W., and that they continued on the same bearing until the collision; that, alter hearing six or eight of those signals, he called up Pilot Hammer, who thereupon came up and remained some time standing in the companion way, and watching for the steamer. Both used glasses. Soon afterwards Hammer called up Pilot Hines. Hammer and Freeman testify to hearing the signals from the Normandie upon the same bearing, and that the pilot-boat replied thereto regularly for some time before the collision, and that they heard the pilot-boat’s previous signals before they came on deck. Four other witnesses testify to hearing the horn blown while they were below. After Hammer came up Capt. Scott ordered a bomb to be fired, which was done, giving a report, it is said, louder than a cannon. To get, to fix, and to tire the bomb took “about a minute.” After the bomb, a flash light was shown over the port side for-about a minute. After that, another bomb was fired, and then the flash light was again shown on the port side. Meantime the boat-keeper and all hands "had been called from below. The steamer’s lights were first soon about the time, or soon after, the second bomb was fired. She
The Normandie’s Speed. The Normandie’s speed before slowing is estimated by her officers at from 30 to 11 knots, but no reason appears for estimating it at much less than 12 knots. For more than half an hour she had been making 42 revolutions per minute. The general conditions for speed were favorable. Her loading was not deeper than usual. Fifty-six or 57 revolutions give her 16 knots, and 42 revolutions should therefore give 3 2. Computed from the pitch of the propeller of over 31 feet, with 30 per cent, slip, 42 revolutions should, give nearly 12 knots. It is not very material, however, whether her speed was 12 knots or 11. Either is considerably in excess of what has been adjudged in many cases in the courts of this country an excessive rate of speed in a dense fog, and therefore a violation of the thirteenth article of navigation. I am not at liberty to depart from these adjudications, notwithstanding the opinions of witnesses and the argument of
No doubt the question of what is “moderate speed” is largely a question of circumstances, having reference to the density of the fog; the place of navigation; the probable presence of other vessels likely to be met; the state of the weather as affecting the ability to hear the fog signals of other vessels at a reasonable distance; the full speed of the ship herself, her appliances for rapid maneuvering, and the amount of her steam-power kept in reserve, as affecting her ability to stop quickly after hearing fog signals. No doubt, also, that, in the absence of circumstances of special danger, navigation is not required to be suspended on the high seas on account of dense fog. Neither the rules nor the ordinary practice of seamen require that. The rules intend that signals shall be given which are expected to be heard in time to enable vessels to avoid each other; and no speed is sufficiently “moderate,’’.under given conditions of wind, sea, and weather, unless it is so reduced as to enable the vessel to perform her duty to keep out of the way from the time when she has a right to expect that the other vessel’s signals, under the existing conditions, will be heard. For the Normandie it is contended that her speed in this case, considering all the circumstances, was moderate speed, because her speed was reduced, and was such as, considering the ■ utility and necessity of rapid evolutions, was most effective to enable her successfully to avoid collision with other vessels that observe the rules of navigation. The recent case of The Champagne and The City of Rio Janeiro in the French courts has been cited in support of this contention. There the Champagne was running in foggy weather at a speed of 143 knots an hour. She heard the whistle of the Rio Janeiro ahead, or a little on her port bow, and thereupon ported, and reduced her speed to 10 knots. The Rio Janeiro heard and erroneously located the whistles of the Champagne on her starboard bow, and accordingly veered to port, .which brought the two vessels into collision. The vessels had in fact been approaching very nearly head and head. The erroneous location of the Champagne’s whistle by the City of Rio Janeiro was ascribed to inexplicable fatality, or the reverberations of the-sound of the whistles from strata of fog of different density. The court of appeal at Rouen adopted the finding of the tribunal of Havre, that the reduction of speed from 143 to 10 kúots was in keeping with the circumstances, and proper for making the necessary evolutions that are required to execute maneuvers as quickly as possible in order to avoid collisions. Both courts, however, found the further fact that the speed of the Champagne did not contribute to the collision in that case, nor have any direct relation to it, and therefore released the Champagne. International Mar. Rev. 1887-88, pp. 500-543. The court of cassation, in affirming the judgment, did not consider the question whether her speed was moderate within the rule,, but affirmed the judgment on the finding of fact below that the rate of speed was in that instance immaterial, having no direct connection with the collision. Id. 1889-90, p. 7. In a still later case the court of appeals at Montpelier held the steamer Tonkin in fault for
There was nothing to prevent the Normandie from proceeding at a much slower rate. The evidence shows that soon after the log-horn was heard, her revolutions were brought down to 16 or 17 per minute, equal to about 5 knots speed. The testimony of the engineer in charge and of tlio first officer shows that this continued about a minute, whereupon her engines were reversed; and the commander testifies that this reversal was ordered at the time when the pilot-boat’s light first came in sight, distant less than hall' the steamer’s length. Upon other adjudged cases I also think the Normandie is to blame for not reversing at the time she slowed, because at that time the signals were heard nearly ahead, and must have been perceived to bo near; and, considering that she was then at a speed of from 10 to 12 knots, on hearing such a signal near and ahead, she was bound to cheek her speed as soon as possible by instant reversal. Leonard v. Whitwill, 10 Ben. 638, 647; The Frankland, L. R. 4 P. C. 529; The Martello, 34 Fed. Rep. 71, 74; The City of Atlanta, 26 Fed. Rep. 456, 462; The Britannic, 39 Fed. Rep. 395, 399, and cases there cited; The Wyanoke, 40 Fed. Rep. 702, 704. From the fact that the pilot-boat was not cut through, it is not probable that at the moment of
It is not possible to reconcile the testimony of the master and the men on the lookout as to the shortness of time between the hearing of the first signal and the collision with the testimony of the first lieutenant and the engineer. The master thinks that the reversal of the engine took place within 5 or 6 seconds after the pilot-boat’s signals were first heard, and within 20 seconds of the collision; and the order to reverse he says was given 2 or 3 seconds after the order to slow. It is not perhaps necessary to determine which is correct on this point. But the master must be mistaken if at the collision the Normandie’s speed was reduced to 4 or 5 knots, as he estimates; for she could not retard from 11 knots to 5 in less than a minute and a half, even on instant reversal of the engines at full speed; and if during a minute of the interval she ran at the rate of 16 or 17 revolutions ahead before reversing, she could not retard to 5 knots in less than 2 minutes; and the distance run, I am confident, would, on the last supposition, be as much as a quarter of a mile. Such, •or nearly stích, are, I think, most probably the facts of the case. The master’s testimony, also, that he did not reverse until a second blast of the pilot-boat’s horn was heard nearer, agrees with the engineer’s testimony that-there was about a minute’s slowing before reversal. Upon this view, had the engine been reversed full speed when the horn and bomb were first heard, whether that bomb was the first that was fired or the second, the steamer would have passed astern of the pilot-boat, and the collision would have been avoided. I do not say that she would have been fully stopped Before reaching the line of the pilot-boat’s course, for there is uncertainty both as to her actual distance from the pilot-boat at that time and as to the distance within which she could have been stopped by reversing; but I am confident that the estimates,as to the distances required for stopping given in the testimony are much too small.
The defect in the testimony in the suit in rem being subsequently supplied, and it appearing that that suit had been brought because no security had been obtained in the prior suit in personam, and that the stipulation given in the suit in rem was sufficient to cover the libelants’ demands, a decree was directed to be entered in the suit in rem only, with one bill of costs. See The Normandie, 40 Fed. Bep. 590.
Note I. The following is a summary of the observations of Lieut. Chambers, U. S. N., in Ms experiments with the Normandie. The experiments were made in the Jinglish channel, off Bar Fleur light, under the lea of the land, in 27 fathoms of water, in a light wind and smooth sea. The ship was light, drawing only 21% feet, 3 feet less than when loaded.
(1) Turning. The helm is worked by si earn. The propeller is right-handed. After the order to port or to starboard is given, it takes 23 seconds to got the helm hard over if the ship is going at her maximum speed of 16 knots, 20 seconds if she is going at 12 knots speed, and 18 seconds if she is going at 8 knots. In turning to starboard, the ship begins to change almost as soon as the helm is moved; but in going to port, and at 12 knots speed, not until she has traveled nearly a length. Going 16 knots, she makes a circle to starboard in 13 minutes and 5 seconds: going to port, in 15 minutes. Going at 12 knots speed, she makes a circle to starboard in 14' 30"; to port, in 15'. Going at 8 knots, she makes a circle to starboard in 20' 25". Though the steam-power is kept the same, the speed is diminished nearly 25 per cent, in turning the iirst quadrant, through the drag of the rudder, the increased friction of the ship in swinging, and the indirect thrust of the propeller. The ship’s path is not an exact circle, but a spiral, ending inside the point of departure, and in advance of it, viz., when beginning under full speed, 30 feet inside the point of departure; when beginning at 12 knots speed, 155 feet, and when starling at 8 knots, 320 foot inside.
(2) Hale oj Change. Going at full speed, (16 knots,) it takes 50" after the order is given to change 2 points to starboard; to change 4 points, V 33"; 8 points, 3' 14"; 16 points, 6' 33"; 21 points, 9' 50"; 32 points, 13' 5"; average speed for first 8 points, 131 knots; for the whole 32 points, 12 knots: diameter of circle, 5,130 loot; average change of one point in a little over a length. 'Turning to port, and going' 12 knots, it takes T 16" after giving the order to change 2 points; to change 4 points, 2' 4"; 6 points, 2' 56”; 8 points, 3’ 48"; 16 points, 7' 25"; 32 points. 15'; circle,4,430 foet diameter; average speed of first 8 points, 10.6 knots; of the whole 32 points, 9 knots. Turning to starboard, going at 12 knots speed, it takes 58" to change 2points; to change4points, V 50"; 8 points, 3' 40"; 10 points, 7' 19"; 24 points, 10' 55"; 32 points, 14’ 30"; diameter of circle, 4,050 feet; average speed of firsts points, 9.3 knots; of whole 32 points, average, 8.2 knots; average change of 1 point in about 5-6 of a length. Going at a speed of 8 knots, to change 2 points takes T 29"; 4 points, 2' 38";G points, S' 48"; 8 points, 5' 2"\ 16 points, 9' 59"; 24 points, 15'; 32 points, 20'25"; diameter of circle, 3,835 feet; average speed of first 8 points, 6.5 knots; of whole 32 points, 5.4 knots. According to these experiments the Normandie turns faster to starboard than to port. Under a speed of 10 knots she turns 4 points to starboard in 93" after the order to port is given, going about 2,200 feet; at 12 knots speed, she makes the same change in 110," in going about 2,025 feet; at 8 knots speed, the same change in 158," going about 1,750 feet.
(3) Backing. On reversing full speed the rudder is said to havé no perceptible effect, and was therefore put amid-ships. No observation was made, however, as to the possible effect of a port or starboard helm during the first minute after reversal. Sec The Aurania, 29 Fed. Hep. 122, note. In the first experiment, reversing from full
(4) Distances Run in Stopping. These distances were not measured, but were estimated as follows: In the first experiment, stopping from 16 knots, 1,771 feet; in the second, stopping from 12 knots,'(?) 818 feet; in the third, stopping from 8 knots, 645 feet. These estimates are inconsistent and irreconcilable. Comparing the second with the third, they would make the ship, while retarding from 12 knots to 8, run only 173 feet in 44"; whereas the distance run in that time, going at the mean rate of nearly 10 knots, must have been .about 700 feet. So a comparison of the estimated distances run in the first and second experiments shows only 953 feet traversed in T 20", while retarding from 16 knots to 12; but if that retard took 80," the distance run must have been about 1,800 feet. These inconsistencies are probably due to errors in the second and third experiments, because there is no probability that in the firstexperiment the time noted was too much, either by delay in reversing at the beginning, or by counting time after the ship stopped; nor could the speed of the ship at the start nave been more than full speed; whereas, in the second and third experiments, the initial speed might easily have been below the estimate, and the time of stopping might also have been noted too soon. In the absence of ranges, and considering the very slow movement of the ship during the last half minute, (see table, infra,) and especially if the quick-water is already running ahead of the observer, the exact time of stopping must be difficult to observe. In a paper by Lieut. F. F. Fletcher in the volume on Naval Mobilization, published in June, 1889, by the office of naval intelligence, it is stated at page 456 that the estimates of the distances advanced before coming to a dead stop after reversing the engine are much less than in similar cases where the distances have been measured. The appendix states the time required to stop in the cases of some 50 vessels, but no distances. In several cases the different times are also given for stopping when light and when loaded ; the former being about two-thirds of the latter, a much greater difference than computation would indicate for the Normandie. On the basis of Lieut. Chambers’ first experiment, the least distances in which the Normandie could stop from 16 knots, 12 knots, and 8 knots would probably be about 2,750, 1,850, and 970 feet, respectively. See note n, infra.
Note II. In the absence of any tables showing the rate at which steamers retard knot by knot on reversing, the subjoined tables, computed by approximation, without the use of the calculus, and based on Lieut. Chambers’ first observation of stopping in 245", will be generally intelligible, and found capable of many useful applications. A few explanations are prefixed. By Newton’s first law, the amount of retard under® constant force is proportionate to the time the force acts. The time required to retard a given mass a given amount, under different forces, is inversely proportional to the acting forces. To obtain the times occupied in stopping, and the distances traversed during each interval, knot by knot, it is therefore only necessary to know the comparative amount of the retarding forces at work during each of these intervals, and the whole time it takes to stop; in this case, 245". The retarding forces are (1) that of the reversed engine and propeller, which may be assumed to be constant, or nearly so; (2) the resistance of air and water, which is variable, diminishing mostly as the square of the ship’s velocity. At high speeds, the ratio of the water resistance approaches the cube of the velocity; but as the square gives the least distance traversed, and applies for the most part, and the object being to find the least possible theoretical distance, the rule^pf the square is applied throughout. The cube rule applied between 16 knots and 12 would result in a net increase of less than 40 feet. At the full speed of any vessel the resistance of air and yiater just equals the effective propelling power of her engine. If the full-speed propelling power of the Normandie (16 knots) be represented by 16, the resistance of air and water at her full speed will be 16 also. If, then, on reversing full speed, the engine and propeller worked as effectively astern as ahead, the combined retarding forces would at first be represented by 33. But neither the engine nor the propeller blades are so constructed as to work astern as effectively as ahead; the loss in different vessels has been estimated to be from 20 per cent, to 60 per cent. Supposing the Normandie’s backing power to be 60 per cent, of her propelling power, the combined retarding forces on reversing full speed would then be, at first, 9.60-j-i6 —25.60. As will appear below, the precise amount of the assumed loss of power in backing is not very material when the time is fixed. In the first computation, the retarding forcii of the engine and propeller, is taken as —9.6, and as constant throughout; in the second computation, (columns 7, 8, and 9,) as equal to the propelling force —16. As
By columns 5 and 6 in the above tablo the Normandie, in stopping from 16 knots in 245", would advance 2,757 feet, or about 6 lengths; from 12 knots speed she would stop in 212", advancing 1859 feet, or about 4 lengths; and from 8 knots speed, in 154", in 978 feet, a little over 2 lengths. If she could stop from 12 knots speed in 165", she would stop from 16 knots in 199", instead of 245".
(1) Columns 6 and 9 show that, when the time of stopping is given, but little difference results in the distance advanced, though a large decrease be assumed in the backing efficiency of the engine. A greater proportion of the work is thereby assigned to the water resistance, A decreaso of 40 per cent, in the assumed backing efficiency, the time being fixed, is shown to make the distance advanced only about 6 per cent, less; the distance is less because the less the proportion of work done by the engine, and the greater that done by the water resistance, the greater must be the effect of the variable water resistance in diminishing the distance run below what would be run (3,B10 feet) if the engine alone could stop the ship In the same time.
(2) Saving this small percentage of variation through differences in backing efficiency, the above table is applicable to all propellers that stop in the same time on reversing full speed from the same maximum speed of 16 knots, without regard to the model or mass of the ship.
(3) The proportion of work done by the engine in retarding each knot is expressed by the decimals in column 4. Multiplying the different times in column 5 into the constant engine force (here 9.6) and into the variable water resistance, column 2, the sum of the products of each gives the relative proportions of the work done by each during the whole or any part of the interval. From 16 knots to 13, the engine does 44 per cent, of the work; from 12 to 8.61 per cent.; from 8 to4,81 percent.; from4to 0,96% percent.; from 16 to 8, 56 per cent.; from 8 to 0, 88% per cent. If the engine’s backing power equaled three-fourths its propelling power, its proportion of the work done in stopping from 16 knots to 8 would be 57 per cent.; from 8 knots to 0, 92 per cent. The power of the engine Is therefore a very important factor in determining the time and distance required to come to a stop. But see, contra, White, Nav. Arch. 604.
(5) The gain in time and distance from any increased backing efficiency of the engine is thus easily deduced. If the Normandie’s actual backing power were increased from 9.60 to 12, each item of total retarding force in column 3 would be increased by 2.40, and the times and distances iú columns 5 and 6 reduced in proportion, making a saving of 37" in time, and of 370 feet in distance advanced. If her backing power were increased from 9.60 to 16, so as to equal her propelling power, as in the case of ferryboats, the stop would be made in 163", and in 1,945 feet, a gain of 82" in time, and of 807 feet in space. Prom 8 knots speed, as in fog, the stop would be made in 97", and in 789 feet. The importance of keeping a full head of steam in reserve when going at moderate speed in a fog is thus apparent.
(6) Other things being equal, the times and distances for stopping vary directly as the mass, and inversely as the combined forces of engine and water resistance. The greater the water resistance at the same speed, in the case of different vessels, owing to differences of model, or of the same vessel when more deeply loaded, the greater must be the engine force necessary to attain that speed; and hence the greater the combined retarding forces on reversing. If the water resistance increased precisely as the mass, or weight, or draft of the ship, these opposite effects would neutralize each other, and the stop from the same speed would be made in the same time and distance. But the rate of increase of the water resistance, depending chiefly on the amount of the submerged surface of the ship, (White, Naval Arch. 460,) does not usually much exceed one-half that of the draft; and an increase of cargo therefore increases the stopping distance.
In stopping from the same speed, however, the proportional values given in columns 2, 3, and 4 are independent of mass or any particular engine power, or water resistance; and hence the distances advanced, (column 6,) by different vessels in stopping from the same speed, are in proportion to the observed times they occupy in stopping.
The following table shows computations for (1) the Willamette, (length 335 feet; gross tonnage, 2~561,) stopping from 10 knots in 120"; (2) the Pennsylvania, (343 feet; tons, 3,104,) stopping from 12 knots in 140"; and (3) the Wyoming, (366 feet; tons, 8,238,) stopping from 14 knots-in 160", — as stated in the appendix to Lieut. Fletcher’s paper, ut supra; also for the Normandie, (4,) and for an 18-knot steamer, (5):
(7) From the lost table the distance advanced by any other steamer in stopping from either of the full speeds above given, or from half that speed on reversing full speed, when her time of stopping is known, may be approximately ascertained; the distances being in the proportion of the respective times of stopping. The distance traversed for any particular knot or knots may be ascertained by first obtaining the time required to retard that knot by dividing the tabular Constant of Energy (C. E.) for similar speed by the whole retarding forces at that knot, as per above tables, and then increasing or diminishing the time so obtained in the proportion of the whole observed times of the two vessels’ stopping. From this the distance is readily obtained.
(8) From the above tables it will be seen, as previously- deduced, through the shorter method of the calculus, by Lieut. Fletcher, to whom I am indebted for various facts and suggestions in the above calculations, that the whole advance which may be expected to be made by screw propellers in stopping from full speed is from 41 per cent, to 43 per cent, of the full speed advance for the same time; and that the stopping distance from half of full speed, on reversing at full spe.ed, is about 14.7 of that advance. The tables show that the rule should be general, subject only to the small variation above noted, (sub. 1,) and that the rule would apply on reversing from any given speed with the same power used in going ahead. These conclusions nearly accord with the few results best reported.
¡See note I, posi, 159.
See note II, post, 160.