176 F. 301 | 2d Cir. | 1910
October 6, 1907, the scow Streeter with a deck load of brick was lying bow in on the south side of the pier at the foot of Fiftj/-Second street, North River, about 10 feet astern of the scow Guinan with a deck load of gravel, also lying bow in. The scows were about 100 feet in length and 32 feet in beam. At 7 a. m. the master of the Guinan was awakened by those on the boat ahead of him and he found 3 feet of water in her hold. Before anything could be done to relieve her she listed to port toward the pier and dumped part of her cargo, then listed to starboard and dumped the balance, and then, turning bottom up, jumped so as to land her starboard bow on the pier 4 feet above the water and her starboard quarter on the Streeter’s starboard bow, causing her to sink. Such extraordinary behavior was hardly to he looked for, and yet something like it has occurred before, as may be seen from the cases of A Scow Without á Name, 7 Ben. 384, Fed. Cas. No. 12,554; and The On The Level (D. C.) 128 Fed. 511.
The libelants contend that the claimant of the Guinan is responsible because he left her without a watchman during the night, who might have discovered the leak and pumped the scow out. But the master was on board, though asleep. There is no evidence of any custom to keep watchmen on boats lying in the slips of New York Harbor, and
Decree affirmed, with costs of this court.