149 F. 785 | E.D.N.Y | 1906
This- libel involves the collision -of the tow (27 loaded canal boats) in charge of the steam tug Overbrook, aided on the starboard side by the steam tug Brinton, with Dredge No. 2, in the Arthur Kill, whereby the dredge and her attendant dumper- scow -were injured, • The- accident -happened according to • the
There are two questions involved in the case: First, whether the dredge was in such a position that the tow could have been taken by, in the exercise of requisite skill; and, second, whether the scow alongside of the dredge should have been used on the port'side, leaving greater room in the channel. The captain of the Overbrook stated that navigablé skill could not have taken the tow past the dredge' that night, and when asked why, then, he attempted it, he stated that he did not know that the dredge was there until after he had passed the B. & O. Bridge, when it was impossible for him to round on the strong flood tide. The evidence of Capt. Moriarty of the General Newton is that he had not known of boats rounding on the flood tide above the bridge. However, the captain of the Overbrook knew that the dredge was at work in that vicinity, and the question is whether he should not have learned what the situation was before he attempted to pass her. But it seems from the evidence of the master of the Brinton that 300 or 400 feet would have been “pretty good room” to pass, and the evidence tends to show that there was 395 feet.clear space.. .Consider
The claimant insists that the dredge unnecessarily blocked the channel, because she was through work and should have been out of the way. This contention is not supported by the evidence. The claimant also insists that the scow could have been kept on the port side, and thereby left 30 feet more room. By changing the chains on the bucket, the scow could have been worked on the port side; but the starboard side has the advantage, that the scow is something of a guide to indicate the line of excavation. It is a continuance of the range.
The answer does not allege that the starboard position of the scow was a fault, and it is not found to be so. The exact location of the dredge is known, as is the distance therefrom to the dock. Thereby the space usable by the tug and her tow is mathematically ascertained. The evidence shows that it was sufficient. Certainly the dredge was lawfully where she was. Hence the libelant should have a decree.