63 F.2d 808 | 2d Cir. | 1933
The faults of the ferryboat are too plain for doubt. She came out at an undue rate of speed into a very nest of shipping. The tow of the Reichert Boys was on her port hand, close inshore; that of the No. 17 only a hundred feet further out. Nearly in front of her was Marine No. 10, also bound out and on her starboard hand another tug coming up from Quarantine. She tried to navigate between these vessels at a speed which she herself puts at ten miles. In addition she failed to see the No. 17 after passing between the Marine No. 10 or before she lapped the Reichert Boys. Some miscarriage was almost inevitable.
The No. 17 confesses that she was too close inshore, as certainly she was. This was a fault which dearly contributed to the eventual collision, regax’dless of whether her navigation under the circumstances was proper or not. She too is to be charged.
Our only difference with the judge is in his exoneration of the Reichert Boys. A fortiori, this tug was at fault for hugging the pier ends, a practice which tug masters will insist on pursuing, and for which their underwriters must pay. It is true that the fer
Decree modified to hold all three vessels at fault.