273 F. 285 | D. Mass. | 1921
This is a case of collision in a fog in Boston Harbor between the steam trawlers Alden A. Mills and Albatross. It took place at about 9:15 on December 23, 1919, abreast the wharf of the Boston Marine Company in East Boston. There was no wind or sea; the fog was dense.
The Albatross was proceeding down the harbor, heading diagonally across it on a long slant toward the west shore. She had at least two men on lookout on her forward deck, her master on the bridge, a man at the wheel, and the mate in the pilot house, blowing fog signals. The bow lookout reported a vessel ahead. The master was unable at that time to see the vessel; but by his orders the engines were immediately
' The vessel which the lookout of the Albatross saw proved to be the Alden A. Mills, which had just backed out from the wharf of the Boston Marine Company, across the path of the Albatross, and was about to turn to port and go up the harbor. When first sighted the Mills was almost squarely across the path ,of the Albatross, which was headed about amidships of the Mills. They were about 200 feet apart. At this time the Mills had just started her engine ahead; but it is doubtful if it had yet overcome her sternway from backing out. That she was under way, proceeding up the harbor, as her master testifies, is certainly not the fact.
The Albatross was swinging to starboard — i. e., towards the stern of the Mills — under her reversed engine and hard aport helm. In this situation the master of the Mills ordered her engine full speed astern. This moved the Mills backward and kept her in the path of the Albatross as the latter swung. Inasmuch as the Albatross struck the Mills only about 30 feet from the stern, and the Mills in all probability moved astern more than that distance after sighting the Albatross, it seems fairly clear that if the Mills had kept her engines going ahead, or even had simply stopped them, the accident would not have happened.
When leaving the wharf the Mills blew a long blast. In the interval of several minutes between that and the collision, she had, on her own testimony, given only two short blasts, neither of which was heard on the Albatross. They were not proper signals for a vessel backing, nor for one lying motionless. They were not given, according to witnesses on the Mills, until just as she started her engines ahead. _ For several minutes after ceasing her coming out signal, she gave no signal at all.
It is at least doubtful whether the Mills gaye sufficient and proper fog signals; but it is unnecessary to decide this point.
Decree that each vessel was at fault and for divided damages