117 F. 779 | E.D.N.Y | 1902
On February 9, 1900, about 4 o’clock in the morning, the steam tug Stone took three scows on a hawser from Forty-Seventh street, North river, to tow them to the dumping grounds. Upon arrival near the Battery, a fog suddenly arose, and was of such a nature that the tug landed the scows at the breakwater or seawall at Merchants Stores, Brooklyn, in such a manner that scows Nos. 5R and 6R were headed downstream, while scow No. 10R, headed upstream, lay alongside the wall, the tug being on her port side, with her bow some 40 feet aft of the boW of 10R. • In this position the scows lay, unable to go- to sea. At about half past 9 in the morning the steam tug McCaldin Brothers, having shortly before left her dock in the Atlantic Basin, was making her way along the docks for the purpose of going into Erie Basin, with an alleged speed of about miles an hour, and came onto the bow of No. 10R, breaking in the heavy forward beam, and doing the injury for which the libel is filed. The fog was s’o dense that the McCaldin Brothers did not see the dock until she was within about 40 or 50 feet of it, whereupon she reversed her engines, but her headway was not stopped before the contact. Hence her speed was such that she could not be stopped if she came upon another vessel, or probably the dock itself. Although the captain and some others of the crew were in the pilot house of the Stone, they were utterly oblivious and indifferent. They gave no signals, by bell or otherwise; made no effort to discover vessels that might be approaching the dock, or to give warning of the presence of the tow; and this condition had lasted for about $J/¿ hours. The McCaldin Brothers was blowing fog whistles as she approached, but received no response from the Stone. The scows lay so low in the water that they were less easily discoverable, and, if anything could be seen, it was the smokestack of the Stone, which, as already stated, was some 40 feet abaft the upper end of the scow. But the density of the fog was such that it is doubtful whether the Stone could have been seen until about the time of the collision. Considering the density of the fog, the necessity of the Stone and her tow and the McCaldin Brothers to find refuge, the fact that the scows, heavily loaded, lay low in the water, so that they could not be seen at other than a nearby point, that the McCaldin Brothers was advancing at a speed that precluded her stopping when obstructions came in view, and that the tide was slightly ebb, the question is, was the speed of the McCaldin Brothers negligent, and should those on the Stone have taken notice of the McCaldin tug’s fog signals? In The Albany (D. C.) 91 Fed. 805, it was held that the ferryboat Albany was negligent because, with too great speed, she approached the pier where a cattle boat was tied up, and that the cattle boat was not in fault in fail
The owners of the Stone have been brought in under the fifty-ninth rule. It is determined that the libelants should have a decree for their damages against the tug McCaldin Brothers, and also against the owners of the Stone, and that each party defendant should bear one-half of the damages and costs.
1. Signals of meeting vessels, see note to The New York, 30 C. C. A. 630.