95 F. 191 | E.D.N.Y | 1899
On November 11, 1898, the barge Indian Badge, in low of the tug America, collided witli and injured the ship 8 mmme, lying within the anchorage grounds oil Staten Island, and heading about due north. The night was clear, the tide ebb, and the wind northwesterly. The damages to the ship, and the liability of the tug and barge therefor, are stipulated. The tug and barge each charge the other with the fault causing the collision.
The America, had three barges in tow, singled out on hawsers of about 17a fathoms in length. The Indian Ridge was the first barge. The America claims to have proceeded upon a course southwest by south from Governor’s Island, until the light upon Norton’s Point was observed coming out by Ft. Hamilton, and that she then changed her course to south down the channel, and that while on such course she saw about three points on her starboard bow, and about 1,500 feet away, the anchor light of the ship, and that when abreast of said light, and on a course of about 600 feet from the ship, it was discovered that the Indian Eidge was not following the tag, but was sheering to the starboard, and that it continued to sheer until it struck the ship on her port bow. The captain of the tug states that “there was a slight smoke from the Bayonne Copper Works, hut nothing- only just for a minute or so.” This claim of the America may now be tested. French, the master of the America, on the 22d of November, 1898, made and swore to a statement purporting to give an account of the accident, in which he states that he sighted a ship at anchor about four points off his starboard bow, and about 500 yards distant; that, on account of a dense smoke coming from the Bayonne, N. J., Oil Works, he did not see the ship’s lights sooner, and continues:
“I immediately put the wheel starboard, and the barge Indian Ridge put his wheel to port, and went to the westward of the ship. The hawser parted on Hie America’s butts. The barge Indian Ridge struck the ship a glancing blow, and went clear and anchored. The tug went about 100 yards clear of the ship. In my judgment, if the barge had followed the tug there would not have been any collision.”
It is urged that, as the tug safely passed the ship, the burden is upon the barge to explain her collision with it. The tug lays the course and furnishes the power, and it is the usual duty of the tow to follow the tug. If the tug leads the tow so near to an anchored ship that the tide carries her against it, the burden is not shifted from the tug to the tow by the fact that the tug herself escaped collision. It is the duty of the tug to provide sufficient space between her course and other vessels to allow, not only her own safe passage, but that of her tow; and if she be towing three barges, singled out on hawsers of the length of 175 fathoms, the tug must consider the action of the tide upon such tow. The tug was within the anchorage grounds without excuse, she passed too near the ship, and these faults were the proximate causes of the collision. The contention that the barge did not keep a proper lookout is not sustained. The libelant should have a decree for his damages and costs against both vessels, collectible in the first instance against the America.