114 F. 796 | S.D.N.Y. | 1902
These actions arose out of a collision between the steamship Rappahannock and the steamship El Monte, which occurred in a dense fog in the early morning of the 5th day of October, 1900, about 50 miles in a northeasterly direction from Cap£ Charles. The Rappahannock was bound into Newport News from Liverpool. She was practically in ballast, having very little-cargo on board. The El Monte was proceeding up the coast, fully laden with general cargo, on a voyage from New Orleans to New York.
The contentions of the respective parties as to the main facts areas follows:
On the part of the Rappahannock, that in the early morning of the day in question the weather was fine, but became foggy about 6:30 a. m. The chief officer was in charge of the navigation of the Rappahannock at the time. He at once put the telegraph to the-engine room at “stand by,” to give the engineer on watch notice to be ready for maneuvers. This order was received and noted by the second engineer, who was on duty below. The captain had noticed that it was coming in thick, and was dressing when the chief officer 'called him, at this time, to tell him the state of the weather, and he came out on the bridge in less than a minute afterwards. At 6:40 a. m. the weather became thicker, and the telegraph was put to “half speed,” which order was immediately executed. Meanwhile, from the time the weather first began to get thick, the fog.
On the part of the El Monte, that at about 4:20 a. m., while off the Virginia Capes, the ship ran into a heavy fog. Her engines were put at slow, and the fog whistle was blown every two minutes. The ship was in charge of the captain and first officer in the pilot house. The quartermaster was at the wheel and a man on lookout. The El Monte proceeded under this speed, blowing her fog whistle, according to the regulations, every two minutes, until about 6:10, when the fog lifted in the immediate vicinity of the steamship. The engines were then put at full speed until the fog again thickened, at about 6:40, when a slow bell was given, and the speed of the ship reduced to half speed, which was somewhere between six and .seven knots an hour. About 10 minutes after that, according to the ship’s log, at 6:50 a. m., a whistle was heard on the starboard bow from the. vessel, which afterwards turned out to be the Rappahannock. This whistle was a considerable distance away, and seemed to be a point or two forward of the starboard beam. The El Monte, which was on a course N. 10deg. E., at once blew a fog signal in reply. The next signal from the Rappahannock was two short, sharp blasts, which were answered by two short, sharp blasts from the El Monte, and the El Monte’s helm was put to starboard. The Rappahannock then replied with one sharp blast, crossing the signal theretofore given. The El Monte at once stopped her engines, and blew two prolonged blasts, with a second interval between to indicate to the Rappahannock, that she had stopped. The order to stop her engines was given at 6:56. A minute or so after, the Rap-pahannock was seen from the El Monte’s deck on the starboard bow, heading directly across the course of the El Monte. An order was given to reverse the engines at full speed at 6 ¡57, and about two minutes after that the collision took place. The Rappahannock had ported her helm for the purpose of enabling her bow to clear the El Monte, and by such maneuver threw her stern on the El Monte’s bow. The El Monte’s stem came in contact with the Rappahan-nock’s port quarter, near the stern.
The vessels charge each other, inter alia, with fault in not proceeding at a moderate speed in fog, and in not stopping at once upon hearing the first signal. In these particulars, the situation is governed by the sixteenth international rule, providing as follows,— the new part of the rule, which went into effect July 1, 1897, being in italics:
“Art. 16. Every vessel shall,.in a fog, mist, falling snow, heavy rainstorms, go at a moderate speed, having careful regard to the existing circumstances and conditions.
“A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over.”
The clocks of the vessels did not agree, those of the Rappahannock feeing from 12 to 15 minutes faster than the El Monte’s.
The testimony shows that the Rappahannock’s normal full speed was 10 or ix knots an hour, under about 67 revolutions per minute
The El Monte's testimony shows that her normal full speed was from 13 to 12^ knots an hour, under about 65 revolutions per minute of her engine. Entries in her log show that she slowed down at 6:40, according to her time, because it set in thick, and stopped at 6:56. Testimony from her officers is to the effect that she first heard the Rappahannock’s signals at 6:50. (The master at one place apparently says 6:10, but that is probably a typographical error for 6:50.) The slowing down was from 65 revolutions to about 50, under which she claimed a speed of about six or seven knots. The collision occurred at 6:59 a. m.
Thus, according to her own account, each vessel continued at a speed of more than half her usual full speed up to within two or three minutes of the collision, in a frequented part of the ocean, and in a fog of such density that they could not discern each other until they were within a distance of about 500 feet. This was a violation of the first paragraph of the sixteenth rule (The Niagara. 28 C. C. A. 528, 84 Fed. 902; The Martello, 153 U. S. 64, 14 Sup. Ct. 723, 38 L. Ed. 637); but it is possible that a collision might then have been avoided had not the second paragraph been also clearly violated in the failure to stop the engines and navigate with caution until danger of collision was over. The Rappahannock seeks to avoid the effect of the rule by asserting that she did practically stop at the moment of hearing the El Monte’s first signal, as the slowing and stopping were almost simultaneous, the records of the movements of the engine not showing fractional parts of a minute, and the orders instead of being a minute apart might have been only twenty seconds, as twenty seconds either way would, by the record, be included in the minute mark. 1 do not see, however, why there might not have been, upon the same theory, an interval of a minute and forty seconds between the orders, and the presumption here would be, in the absence of contrary proof, in view of the violation of a statutory duty, rather in favor of a lapse of the greater time. She has certainly not relieved herself of the statutory burdcu. The El Monte, in effect, concedes the proper application of the rule to her navigation, unless it appears to be inapplicable because the position of the Rappahannock was ascertained by means of the signals exchanged. That is, having received, as a second signal, a two-whistle signal from the Rappahannock from some distance away, she was justified in concluding that the Rappahannock was proceeding down the coast on a course that would carry the vessels safely past each
A decree will be entered dividing the damages*