103 F. 681 | E.D.N.Y | 1900
At the entrance of the river flowing into the harbor of New Haven are three docks, — the coal dock, the water dock, and the steamboat dock. The total distance from the coal dock to the steamboat dock is about 350 feet. On the nighi: of October 26, 1899, there were lying off the coal dock a schooner and two barges, and at about half past 8 on such night a tug added five barges; making in all eight vessels abreast said dock with their bowTs pointing upstream. The outside barge — No. 1— belonged to the libelant; next inside was the barge called the “shell boat”; next lay barge No. 11, which is involved in this action, such barge being 91 feet long and 22 feet wide. At the time the five barges were added the night was dark, and somewhat foggy. The channel at this point is about 500 feet wide from the face of the pier, and was understood by the persons having occasion to use it to be 400 or 450 feet wide. Of this space nearly 190 feet were occupied by the boats lying off the pier, and past such coal dock and boats and through such interrupted channel the steamboats plying from Providence to New Haven, and from New Haven to New York, and from New York to New Haven and Providence, necessarily went in order to reach the steamboat dock, where they received and discharged passengers and freight. The coal dock and water dock belonged to the New Yoi*k & New Haven Railroad Company, and vessels were accustomed to tie up to the coal dock by implied, contract with the owners. The practice of so lying up was of long
Such seems to be the evidence relating to the conditions existing at the time of the arrival of the Peck. She remained at the steamboat dock about an hour and a half or two hours, and then went on her way to Providence. About 1:30 a. m., the Kennebec, 260 feet long and 58 feet wide, bound from Providence to New York, attempted to go to the steamboat dock. Aboard her was a pilot, McMullen, a man of long experience in connection with the New Haven Harbor. Such pilot took charge of the wheel, and devoted himself entirely to steering his vessel upon a compass course which, passing the dock, was N. E. by E. E., a course approved by previous experience. He states that he could take the vessel to "such dock by reliance upon his compass, without reference to objects on the shore, and that such course, -adopted and pursued by him, would carry him about 100 feet off the face of the coal dock. At this time the fog had greatly increased, hanging heavily over the boats at the end. of the coal dock. This pilot states that the Kennebec came up
Upon this evidence the conclusion is preferred that the Kennebec approached the coal dock well piloted, at proper speed, with sufficient men on lookout, and capable of being stopped within 125 feet. But why did not the lookouts, or any of them, see the boats so as to enable the Kennebec to stop within that distance? Redman and Bannon' on the steamboat dock saw them 350 feet away. But such persons had been watching them, accustomed their eyes to locating them, and therefore had superior opportunity, and at last they saw dimly their outline. The captain and the three men in the bow were keeping lookout. They were obviously vigilant, and it is easily inferable that they, or some of them, would have discovered the boats earlier if the conditions permitted. But, with a channel 400 or 500 feet wide, by what right did the steamer lay her course by compass so that she would necessarily pass within about 100 feet of the dock,