278 F. 726 | 2d Cir. | 1922
The appellant is the managing owner of the scow Willis G. Townes. The appellee owned the steam tug R. G. Townsend, which is 80 feet long, 8 feet 5 inches in depth, and 40 years old. On the 23d of January, 1918, the R. G. Townsend left Edgewater about 9:30 o’clock p. m., having 11 scows in tow, loaded with coal bound for Newton Creek. The scows were made up in tiers, three abreast. The Townes was the starboard hawser scow. The winter of 1917-1918 was one of the coldest experienced in and about the harbor and river of New York, and the ice floe was very heavy. ‘At the time in question the river was filled with ice, and in navigating the tow went down the Hudson river on the ebb tide. The Townsend endeavored to navigate the flotilla without assistance. When she reached about opposite Fifty-Fourth street, Manhattan, she became wedged in the ice and drifted down with the tide. Then the flotilla became unmanageable and the bow of the Townes came in collision with a steamship anchored off the Delaware & Hudson piers at Weehawken. Before the collision, the flotilla had drifted about a mile. After the collision, the Townsend drifted down on the New York side of the anchored steamship and her tow went down on the Jersey side. Thereafter three steam tugs belonging to the appellee came to the assistance of the Townsend and her tow. The Townes was taken in tow by one of the tugs, and while upon a course toward the Jersey flats sank off the pier of the Central Railroad of New Jersey. The weather was clear, for seeing lights, and the steamship lights were observed by those in charge of the Townsend, as well as the master of the scow Townes.
We think the libelant should have a decree.
Decree reversed.