270 F. 270 | D. N.Y. | 1919
There is little, if any, difference of opinion among the witnesses as to the leading facts in this case. The
‘not an inflexible rule to be followed in all cases, and, where it is manifest that a blind adherence will produce disaster, it is not only the right, but the duty, of the navigator to disregard it. The rule so states explicitly. It must be followed only [in the language of the rule itself] ‘when it is safe and practicable.’ ”
It would be possible to enter into some minute calculations as to-whether or not the pilot of the Steers might not have inferred a long tow on a long hawser behind the tug that turned out to be the Hoken-dauqua and have permitted himself to come into too close proximity with such a tow. I do not think that any such computations can be made with accuracy, and if it be true (as I believe and find) that the. course and the intended course of the Hokendauqua was a plain violation of the statute, and the course undoubtedly taken by the Steers was a compliance with the statute, the fundamental reasons for the occurrence are apparent and are all unfavorable to the Hokendauqua. Therefore upon most familiar principles it is not necessary, and indeed is not permitted, to the court to search for minute possible faults on the part of one vessel when the great and fundamental faults are plainly to be laid at the door of the other.
For these reasons, all of the libels above enumerated will he dismissed with costs as to the Steers, and sustained with costs as to the Hoken-dauqua. In those cases in which the Steers has been impleaded, and not originally sued, the petitioning party will pay the costs of the Steers