138 F. 549 | 2d Cir. | 1905
This is a case in which a vessel in tow has been lost, without any fault on her part, while in the custody of a tug. The libelant’s boat, known as “No. 53,” was one of a flotilla of 18 boats arranged by the master of the tug Genessee at Perth Amboy to be taken by that tug and her helper, the tug Ganoga, to New York. The flotilla was made up in tiers of four or five boats each, No. 53 being the outside starboard boat of the third tier. Behind No. 53 (being the outside starboard boat of the fourth tier) was the scow No. 47, attached to the stern of No. 53 by two lines, and also fastened by lines (one from her stern and the other from her bow) to the boat T. D. Rose and the boat Grace F.; the former being next inside the scow, and the latter next inside No. 53. The flotilla left Perth Amboy at midnight. When it neared Bay Wind the wind was so violent that the master of the Genessee deemed it unsafe to proceed, and decided to' lay up near the dock there and wait for the wind to subside. Another tug and flotilla were lying next to the dock. The Genessee made fast to the other tug, and consequently the flotilla of the Genessee was obliged to lie outside of the other flotilla, and was exposed to the full force of the wind. The helper, Ganoga, made fast to the outside port boat of the first tier. At the time the tide was running flood, and, notwithstanding the wind was from the contrary direction, the effect of the tide was to stretch the boats out upon their hawsers. Before daylight the tide changed and the flotilla swung around, and under the influence of the wind the boats began to jump and pound against each other with great violence, and the scow No. 47 sank the libelant’s boat. It is quite impossible to determine just how the accident happened, because in the dark no one saw or could see accurately what took place. We place no reliance upon the statement of the
•The decree is affirmed, with interest and costs.