260 F. 327 | W.D.N.Y. | 1919
On November 19, 1916, the steam tug T. C. Dutz, in agreement with the respondent owner of the barge S. T. Co. No. 82, towed the latter from Cleveland, Ohio, to Montreal, Canada, but on Lake Ontario a mishap occurred which is the subject of this controversy. It appears that after passing through the Welland Canal and arriving at Port Dalhousie the tug and barge proceeded out on the lake in fair weather, with a light wind from the south and no sea running. No storm signal was displayed, the weather report stating, “Moderate to fresh, easterly winds tomorrow,” which did not indicate a change of weather of such character as to require the tug, in the exercise of ordinary care, to halt and remain in shelter. The Frederick E. Ives (D. C.) 25 Fed. 447.
On the following day thick weather and approaching darkness caused the master of the tug to anchor the tow for the night on the north side of Main Duck Island in Lake Ontario. He left the anchorage at 7 o’clock on the morning of November 24th for the channel at the head of the St. Lawrence river. The wind was freshening from the southwest, veering to west-southwest, and at 8:30 o’clock was blowing gradually westward with increasing velocity to a gale of approximately 70 miles an hour. The sea was rising, the swell increasing so that it was difficult to keep the barge, which was running light, in the wake of the towing tug. She sheered continuously on the starboard quarter of the tug, and drew her down at times to the
Although the tug worked earnestly to keep the barge from making leeway and from drifting astern and toward Grenadier Island, she did not succeed. As she was proceeding ahead on Grenadier Island, the wind increased in velocity, changing to westward, and the swell of the sea became higher and more menacing, so that her master decided to alter the course of the tow under a shifting wind from southwest to west, and to malee for shelter in the St. Dawrence river, with all possible speed. To accomplish this, however, it was necessary to head the tug northeast with the wind abeam — a maneuver that caused the tow to fall off even more to leeward. The master of the barge became anxious, and from soundings taken by him ascertained that the barge was dangerously close to the shoal off Grenadier Island. The tug labored hard in the gale for nearly two hours after leaving Main Duck Island, and when she passed the breakers at Grenadier Island, her master believed she was no longer dependable, that he could not reach the St. Dawrence river with the tow, and that the safety of the tug and crew required abandoning the barge. He thereupon signaled her to drop anchor. The barge coded a distress signal, but he nevertheless released the hawser, and the barge cast anchor, drifted a little on her anchor chains, and brought up over the breakers, where she rode heavily on the waves and pounded the bottom, with the result that her anchor chains- broke and she drifted and stranded in a sheltering cove nearby. Afterwards, on November 29th, in calm weather, she was brought into deep water by the respondent tug, which had reached shelter in safety, and without further mishap was delivered at her destination.
The libel alleges negligence in the following respects: That the tow was not skillfully navigated; that the harge was allowed to drift toward the lee shore, when she should have been taken to a safe anchorage ; that the tug should not have cast her off, and should have stood by; while the answer asserts in defense that the severe gale alone was responsible for the disaster, the main excuse for the abandonment of the barge being that the water came into the engine room and wet the coal, seriously interfering with keeping up steam; that the tug could not have returned to give assistance to the barge after the latter anchored, because of her inability to go close enough to take the barge’s hawser; that in the opinion of the master of the tug the barge was in a reasonably safe position after she cast anchor; and, furthermore, that in all things good judgment was exercised.
3. It is claimed that the coal remaining in the tug’s bunkers was insufficient for completing the trip, and that on that account the tug quitted the barge; but this claim is not sustained. The established' weather conditions and the evidence of Capt. Ryan show that there existed just grounds for fearing that the water in the fire hold would prevent the fireman from clearing the fires and keeping up steam in the boilers.
5. There was conflicting testimony as to whether the tug failed to allow sufficiently for leeway in view of the storm; but the testimony of both Capt. Ryan of the tug and Capt. Sohrensen of the barge is in apparent accord with regard to the proper heading of the tug directly on Grenadier Island (and not farther south on Fox Island) soon after leaving Main Duck Island, and continuing until she changed her course, which brought the wind slightly over her port quarter. The witness Henderson, who was plowing on the south shore of Grenadier Island, testified that he observed that the tug was heading in the direction of Fox Island (out of her course); but I think1 he was mistaken, and did not correctly perceive her direction.
6. The tug could not safely seek refuge at Sackett’s Harbor, as libelant contended that she should have done, because of the increasing velocity of the wind, which came nearly astern right after the tow left Main Duck Island.
There is abundant evidence to show that the situation. owing to the severity of the storm, was fraught with peril to both vessels, and
The libel is dismissed, with costs.