128 F. 38 | 4th Cir. | 1904
This case comes up on appeal from the District Court of the United States for the Eastern District of Virginia, in admiralty.
R.,D. Robbins, administrator of Ulysses L. Robbins, deceased, and Thomas Randal, administrator of Elvin Randal, deceased, each filed his libel against- the steamship Charlotte. The two decedents were each drowned as the result of a collision between the Charlotte and the schooner Anna M. Harris in York river. The deceased were members of the crew, of the Harris. The two cases were consolidated and tried together. ‘ The learned district judge heard the case, the witnesses testifying before him. He found that the collision was the result wholly of the fault of the Charlotte, and gave. damages, $1,600 to Robbins, and $900 to Randal. - An appeal was allowed, and the case is here..on-the assignments of error..
The steamer Charlotte, of 1,746 tons, runs regularly between Baltimore, Md., and West Point, on the York river, in Virginia, having several landings on that river.. The Anna M. Harris is a small, two-mast oyster schooner, 53 feet in length, with 27 tons register. On the morning of 30th August, 1902, the Charlotte, on her way to West Point, left Allmonds Wharf/one of her landings, a distance of 11 miles.
What was the proximate cause of the collision? We find the steamer entering a thick fog at the speed of 10 miles an hour, having heard the horn just before she entered the fog. After that, a very, short interval, her master gave the signal to- stop the engines, followed by a direction to port the wheel, and then the signal to reverse, and the collision. We are of the same opinion as the judge who tried the case —that the collision was caused by the speed of the steamship, and that she was in fault. The Pennsylvania, 19 Wall. 125, 22 L. Ed. 148, is like this case in some respects. The collision was in a fog. The steamer was misled by signals from the bark, and ported instead of starboarding, which contributed to the collision. Rut the court held the steamer in fault for going at seven miles an hour in the fóg — an unreasonable speed. In The Martello, 153 U. S. 64, 14 Sup. Ct. 723, 38 L. Ed. 637, six miles in a fog was held excessive. In The Colorado, 91 U. S. 692, 23 L. Ed. 379, six miles an hour was held excessive speed in a fog. In The Umbria, 166 U. S. 404, 17 Sup. Ct. 610,
It is contended, however, that the schooner was guilty of contributory negligence, and that the crew share in that. The Queen (D. C.) 40 Fed. 694; The City of'New York (D. C.) 25 Fed. 149. The negligence charged on the schooner is the failure to blow two blasts on the fog horn, indicating the tack she was on. Her one blast was said to have misled the steamer. On this point the finding of fact of the district judge is clear and distinct. He saw the witnesses, and was convinced that the evidence of the master and a passenger on the schooner that the two blasts were sounded is true. We see no reason to differ from him. The defense of the steamer is that, hearing but one blast, and so believing that the schooner was on the starboard tack, it was supposed that she would have passed out of danger, especially as the steamer ported her helm. But the schooner was in a thick fog, tacking against a light wind, with the tide against her. She must have been moving very slowly. So when the steamer at speed broke into the thick fog, and almost immediately ran her down, it could have made no material difference whether she was on the port or starboard tack. The collision would have occurred in any event.
The decree of the court below is affirmed.